IN THE HIG (In the matter of a Nagarik Suraksha of Criminal Proce Rukmani Jain State of Odisha Advocates appeared For Appellant (s) For Respondent (s) CORAM DR. JUS DA DAT Dr. Sanjeeb K Panig 1. The Petitioner has f 374(2) of the Code Bharatiya Nagarik jurisdiction of this Judgment dated 3 District and Session 2004-19, arising ou appellant has been Section 304-B/498A Prohibition Act. A.F.R. HIGH COURT OF ORISSA AT CUTTA CRLA No.791 of 2025 of an application under Section 415(2) o ksha Sanhita, 2023 corresponding to Sec ocedure Code, 1973). …. -versus- …. ared in the case through Hybrid Mode: : Ms. Adisha (s) : Ms. Gay AM: JUSTICE SANJEEB K PANIGRAHI DATE OF HEARING:-26.03.2026 ATE OF JUDGMENT:-17.04.2026 nigrahi, J. as filed the instant Criminal Appeal un de of Criminal Procedure, 1973/ Sectio rik Suraksha Sanhita, 2023, invoking th this Court. The appeal is preferred a 30.06.2025 passed by the learned sions Judge, Nuapada, in S.C. Case No out of P.S. Case No. 104 of 2002, w een convicted for the offences punish 8A of Indian Penal Code r/w Section 4 Page 1 TACK 2) of Bharatiya Section 374(2) Appellant (s) Respondent (s) sha Mohanty, Adv. ayatri Patra, ASC under Section ction 415(2) of the appellant d against the ed Additional No.58/17/3 of , whereby the ishable under 4 of Dowry Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified 2. Upon such convic Appellant to under pay fine of Rs 5,00 rigorous imprisonm under Section 304-B undergo rigorous i 5,000/- and in defa months for commi Additionally, the A imprisonment of 1 y of payment of fine u for the offence unde I. FACTUAL MATRIX OF 3. The prosecution cas (i) In the year 19 the Appellant within about deceased to c Over a perio members of t in and actively deceased in fu (ii) On 14.10.2000 present in his from his niece viction, the learned Trial Court sen dergo rigorous imprisonment for 10 ye ,000/- and in default of payment of fin onment for six months for committing B of IPC. The Appellant was further se s imprisonment of 3 years and to pay efault to undergo rigorous imprisonm mitting the offence under Section 498 e Appellant was sentenced to underg f 1 year and to pay fine of Rs 5,000/- and ne undergo rigorous imprisonment for t nder Section 4 of Dowry Prohibition Act OF THE CASE: case in brief is as follows: r 1995, the deceased got married to the lant. It is alleged that shortly after the out a week, the husband started sub o cruelty in connection with demands eriod of time, the Appellant, along of the matrimonial family, is stated to h vely participated in inflicting such cruelt n furtherance of the said dowry demand 20002 at about 6:00 A.M., while the info his residential house, he received a tele iece, who informed him that her husba sentenced the years and to f fine undergo ng the offence r sentenced to pay fine of Rs nment for six 498A of IPC. ergo rigorous and in default or two months Act. the brother of the marriage, subjecting the ds for dowry. g with other to have joined uelty upon the nds. informant was telephonic call sband and in- Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified laws were coe dowry as per previous day, assault, and including dan fulfilled. (iii) It is further informant talk his niece repli of nature and made the said her not to wo the deceased and, after dis other family m (iv) It is further al the deceased incident. upon along with th immediately found that th death, and in arrangements (v) Thereafter, th Upon registra coercing her to bring a sum of Rs 2 Lak per their demand. She further alleged th ay, she had been subjected to abuse an d was also threatened with dire con danger to her life, in case the said dema her alleged that upon being so info talked to her husband and other in-law eplied that they had gone out for attend nd that, taking advantage of their absen said phone call. The informant thereup worry and stated that he, along with the ed and other relatives, would proceed discussion with the husband of the de ly members, would endeavor to resolve t r alleged that at about 7 to 9 AM., the h ed telephonically informed the informan pon receiving the said information, the h the mother and elder mother of the ly proceeded to Komna. On reaching t the informant’s niece had already suc in the meantime, her father-in-law nts for her cremation. , the informant lodged the F.I.R. at K stration of the case, the Investigating o Lakhs towards that since the e and physical consequences, mand was not informed, the laws, to which ending the call sence, she had eupon assured the mother of eed to Komna deceased and ve the matter. he husband of ant about the the informant, the deceased, ng there, they succumbed to w had made t Komna P.S. g officer took Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified up the investi statements, a completion chargesheet ag (vi) Thereupon, support of its Additional Di Appellant gui IPC and Sectio Being aggrieved b Petitioner has been the present criminal II. SUBMISSIONS ON BE 4. The learned counse made the following (i) The Appellan order of sente and Sessions been convic imprisonment erroneous, un liable to be set (ii) The Appellan has failed to p available on estigation, examined the witnesses, reco , and visited the place of occur of the investigation, the I.O. et against the Appellant. , the prosecution examined 22 wi its case. Upon conclusion of the trial, t l District and Sessions Judge, Nuapada guilty of the offences under Section 304 ction 4 of Dowry Prohibition Act. by the aforesaid facts and circums een constrained to approach this Court inal appeal. EHALF OF THE APPELLANT: nsel for the Appellant respectfully and ing submissions in support of his conten llants submits that the judgment of conv entence passed by the learned Addition ns Judge, Nuapada, whereby the app victed and sentenced to undergo ent along with imposition of fine, , unsustainable both on facts and in l set aside. llants further submits that the learned T to properly appreciate the materials and on record and thereby erroneously re recorded their currence. On . submitted witnesses in al, the learned ada found the 304B, 498A of mstances, the urt by way of and earnestly tentions: onviction and itional District appellant has rgo rigorous ne, is wholly in law and is ed Trial Court and evidences recorded the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified order of convi applied the ca the settled pri as a result o legally unsust (iii) The Appellan have disbeliev material objec article, was p examination, 498A of I.P.C not been duly (iv) The Appellan evidence of t Trial Court h suffers from inconsistencie corroboration a wrong concl (v) The Appella Information R the F.I.R. mar also contende informant, ha two written nviction. It is contended that the Tral Co e cardinal principles of criminal jurispru principles governing the appreciation o t of which the impugned judgment h ustainable. lants contends that the learned Trial Cou lieved the entire prosecution case inasm bject in support of the prosecution case, s produced before the learned Trial n, and therefore the ingredients of Sec P.C. and Section 4 of Dowry Prohibitio uly proved. llants further contends that basing f the related and interested witness t rt has convicted the Appellant whos m contradiction, inherent, improbab ies and without seeking in ion, whereby the learned Trial Court has nclusion. ellants further contend that the ea n Report has been deliberately suppress arked as Ext.-1 is a manufactured docu nded that P.W.1, the uncle of the deceas , has deposed that on 14.10.2002 he had ten reports at the police station Court has not sprudence and n of evidence, t has become Court ought to smuch as no ase, nor seized rial Court for Section 304-B, ition Act have ng upon the ss the learned hose evidence abilities, and independent has arrived at earliest First essed and that ocument. It is ceased and the had submitted n under the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified instructions o him to file a formal report further highlig by P.W.1 in t argued that 16.10.2002, wa purposes of t authenticity o (vi) The Appellan record to esta and ill-treatm demand of do of any such co Appellant or alleged crime deceased to cr (vii) The Appellan has admitted bridegroom D cloth and a T father. It is als accordance w consequence o the aforesaid m s of the Officer-in-Charge, who initial e a preliminary report and thereafter t ort on the following day, i.e., on 15.10 hlighted that the said report was allege in the presence of the police. On this at the report, which reached the , was subsequently brought into existe of the case, thereby casting serious do y of the prosecution version. llant further contends that there is n stablish that the deceased was subjected atment soon before her death in conne dowry. It is further submitted that, in t h cogent evidence, there is nothing to im or to demonstrate that she had particip ime or had played any role in sub o cruelty or harassment proximate to her llant further contends that P.W.15, in h ted that at the time of negotiation of ma Debendra was presented with a gold Tika amounting to Rs. 71,000/- was g also submitted that such articles were p e with prevailing caste customs and ce of any unlawful demand of dowry. id material elicited during the cross exam tially directed r to submit a 5.10.2002. It is egedly written his basis, it is he Court on istence for the doubt on the s no material cted to torture nnection with in the absence o implicate the icipated in the subjecting the her death. n his evidence marriage, the old ring, new s given to his re provided in and not as a ry. In view of examination of Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified the related w erred in arriv evidence on re (viii) The Appellan D.W.1 and de the Ordnance following her her husband receiving info (sister-in-law) reached her p the incident. employment, office of the Su (ix) Building on th her alleged i pointed out th regular office residing aw circumstances making frequ alongside the further emph any clear, con that she had m witness, it is urged that the learned T rriving at an erroneous conclusion cont n record. llant further submits that she examined deposed that she had been employed a nce Factory, Badmal since the year her marriage in 1998, she had been res nd at Badmal. She has further stated information regarding the death of h aw), she, along with her husband er parental house at about 5:00 P.M on nt. It is also her evidence that prior t nt, she had been serving as a Junior C e Sub-Collector, Nuapada since October n the aforesaid evidence, the Appellant d involvement is inherently improb t that she was a government employee fice hours from 10:00 A.M. to 5:00 P.M away from the parental home. ces, it is contended that the suggest equent visits and participating in the a the co-accused lacks plausibility. The phasizes that the prosecution has faile consistent or convincing material on reco d made persistent dowry demands. In t ed Trial Court ontrary to the ned herself as d as a Clerk at ear 2000 and, residing with ted that upon of her bhauja d and child, on the day of or to the said r Clerk in the ber, 1994. ant argues that robable. It is yee, bound by P.M., and was e. In such estion of her e alleged acts he Appellant failed to place record to show In the absence Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified of such evide speculative an (x) The Appellan does not inspi P.W.7 stated had visited B Appellant fro harassment, inconsistencie the deceased day, date, mo these materia particulars, it uncertain and been relied u conclusions. (xi) The Appellan material con regarding the highlighted t demand of ₹2 marriage of th all the accused admitting tha the marriage idence, her implication in the case is p e and unsupported. llant further contends that the testimon spire confidence. While in his examinati ed that about six years prior to the occ d Bongamunda and attempted to dis from subjecting the deceased to dow t, his cross-examination reveals cies. He admitted that he had visited th ed only once and was unable to recal month or even the year of such visit. erial discrepancies and the absence , it is argued that the evidence of P.W. and unreliable, and therefore ought n d upon by the learned Trial Court in r llant further points to what are de contradictions in the prosecution’s the alleged subsequent demand for d d that P.W.1, in his deposition, stat 2,00,000/- was made three to four day f the deceased. At the same time, he as used persons had made such a demand, that no dowry demand was raised at t ge itself. These shifting and internally i is projected as ony of P.W.7 nation-in-chief occurrence he dissuade the dowry-related ls significant d the house of ecall the exact sit. In light of ce of specific .W.7 is vague, t not to have in reaching its described as n’s narrative r dowry. It is stated that a days after the e asserted that nd, while also at the time of ly inconsistent Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified statements ca version and u dowry deman record clearly harmonious husband prior have stated th and stayed wi normal matrim (xii) The Appella independent case. It is poi stated that th peaceful and placed on th categorically instance of to deceased by Appellant. In testimony sug is contended t their evidence (xiii) The Appellan deceased was the doctor w casts a serious shadow over the pr d undermine the credibility of the al and. It is further contended that the e arly establishes that there existed a c s relationship between the deceased rior to her death. It is submitted that P.W d that the deceased used to attend famil with them for considerable periods, wh trimonial relations. ellant further submits that the ev nt witnesses does not support the pr pointed out that P.Ws. 12, 13, 14 and t the deceased and her husband were nd harmonious marital life. Particular e the testimony of P.W.16, a neighb lly deposed that he had never witn f torture or ill-treatment being inflicted by any of the accused, including th . In light of such consistent and in suggesting normalcy in the marital rela ed that the learned Trial Court erred in nce and in arriving at a contrary finding lant further advances the plea that the d as suicidal in nature. It is pointed out t r who conducted the post-mortem ex prosecution’s allegation of e evidence on a cordial and sed and her P.W.4, 5 and 6 mily functions which reflects evidence of prosecution’s d 16 have all ere leading a ar emphasis is ighbour, who itnessed any cted upon the the present independent relationship, it in discarding ing. e death of the ut that P.W.17, examination, Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified stated in his c suicide by usi within a shor nature noted reliance is pla Mission Hosp deposed that n the time of e evidence, it is establish that by her in-la circumstances rather than ho (xiv) The Appellan present case contended th recorded the s translating th or certificatio further submi the Court alon (xv) The Appellan from significa Officer failed call detail rec is cross-examination that where a perso using a ligature such as a dupatta and hort span of time, the possibility of inju ted in Ext.-11 cannot be ruled out. Ad placed on the evidence of P.W.22, the ospital who first examined the dece at no external injuries were found on he of examination. On the strength of th it is contended that the prosecution ha hat the deceased was subjected to cruelty laws soon before her death, and ces, on the contrary, indicate a case homicidal violence. lant submits that the investigation condu ase is biased and perfunctory in na that P.W.21, the I.O., has admitte he statements of the relatives of the dec their mixed language; however, no en ation to that effect has been made by mitted that such statements were not fo along with the accused at the time of pro llant further contends that the investigat ificant omissions, inasmuch as the In led to seize or produce the telephone nu records of the accused persons as wel erson attempts and is rescued injuries of the Additionally, the doctor at eceased, who her person at f this medical has failed to elty or assault and that the ase of suicide nducted in the nature. It is itted that he deceased after endorsement by him. It is t forwarded to roduction. igation suffers Investigating numbers and well as of the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified parents and Appellant, suc deceased had alleged date o additionally p given conflict the deceased material incon is rendered do (xvi) The Appellan learned Trial evidence and relation to the Despite record have erroneou had offered n Appellants, th record, partic clear misappr Court. III. SUBMISSIONS ON BE 5. Per contra, the learn the submission tha limine. nd relatives of the deceased. Accord , such evidence was crucial to ascertain w had made any telephonic communicat te of occurrence or at any time prior th ly pointed out that the prosecution witn licting accounts regarding the receipt of sed. In light of these investigative l consistencies, it is urged that the prose doubtful and cannot be safely relied up llants further submit that even the judgm rial Court acknowledges the absence nd notes the presence of material contra the allegations forming the basis of th cording such findings, the Trial Court eously observed that the Appellant, in h d nothing beyond bald denials. Accord s, this observation runs contrary to the e rticularly the testimony of D.W.1, and ppreciation of the defence case by the le EHALF OF THE RESPONDENT: arned counsel for the Respondent earn that the present CRLA deserves to be ording to the in whether the ication on the r thereto. It is itnesses have t of calls from e lapses and osecution case upon dgment of the nce of direct ntradictions in f the offences. rt is stated to in her defence, cording to the e evidence on and reflects a e learned Trial arnestly made be rejected in Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified (i) The Responde proper appre available on judgment of Appellant. Th are well-reaso Therefore, it i sentence passe appeal preferr (ii) It is vehemen the prosecutio of the offence with Section cogent and r beyond all rea (iii) It is further deceased as w that at about from the dece her and dema that he, alon Komna; howe already expire (iv) The Responde the present ca ndent submits that, the learned Trial C preciation of the oral and documentar on record, has rightly passed the of conviction and order of sentence a . The findings recorded by the learned easoned, based on cogent and credible it is prayed that the judgment of conv assed by the learned Trial Court be uph ferred by the Appellant be dismissed. ently contented on behalf of the Respo ution has successfully established the c nce under Section 498-A, 304B and 34 o on 4 of the Dowry Prohibition Act by d reliable evidences, thereby proving reasonable doubts. er submitted that the P.W.1, the un s well as the informant of this case, ha out 06:00 A.M., he received a telephon eceased that the accused persons were manding dowry of Rs 2 Lakhs. It is fur long with his wife, immediately pro wever, by the time they reached, the de pired. ndent further contends that the accused t case is heartless, and upon seeing th l Court, upon tary evidence he impugned ce against the ed Trial Court ible evidence. onviction and pheld and the spondent that e commission 34 of IPC read by adducing ng the case uncle of the , has deposed honic message ere assaulting further stated proceeded to deceased had sed person in the deceased Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified lying dead, Pilamanaku according to participation i (v) The Respond found on the that, upon be stated that in to commit su intervened an no visible sign persons, as all (vi) Hence, the circumstances occurred due is therefore s proper apprec on record, ha and convicted IV. FINDINGS OF THE NUAPADA: 6. The learned Trial C and 34 of the Indian Prohibition Act, all death of the dec d, it was stated that “Marigala B u Sangare Neithile Bhala Hoithanta to the defence, indicate the culpable on in the alleged offence. ondent further contends that black m the neck of the deceased. It is further being questioned, the co-accused Deb in the early morning the deceased had suicide by means of a Dupatta, and t and saved her. It is also contended tha sign of grief or sorrow on the faces of t s alleged. he Respondent contend that the ces clearly indicate that the death of th ue to the alleged offences, resulting in h e submitted that the learned Trial C preciation of the circumstantial evidence , has rightly held that the accused per ted them in accordance with law. E ADDITIONAL DISTRICT AND SESSIO al Court framed charges under Section dian Penal Code read with Section 4 of alleging that they had instigated and deceased. Upon conclusion of the Bhala Hela nta”. Which, e intent and marks were her submitted Debendra Jain had attempted that he had that there was of the accused the aforesaid f the deceased her death. It l Court, upon nces available persons guilty SIONS JUDGE, ion 498A/304B of the Dowry nd caused the he trial and Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified appreciation of the found that the acc under Section 498A with Section 4 of the 7. Upon appreciation on record, the lear were available to accused. On a care the medical officers Court arrived at the done to the deceas charges under Secti read with Section 4 8. In order to bring h materials shows tha cruelty or harassme each case and no st link of facts of the demand of dowry a 9. And in order to brin the deceased was su persons who are connection with the 10. In the instant matte is concerned, the co the evidence adduced by the prosecut accused guilty and accordingly conv 98A/304B and 34 of the Indian Penal f the Dowry Prohibition Act. on of the oral and documentary evidenc learned Trial Court held that sufficien to substantiate the charges framed a areful evaluation of the testimonies of ers and the Investigating Officers, the le the conclusions there was torture and c eased. Accordingly, the Trial Court he ection 498A/304B and 34 of the Indian P n 4 of the Dowry Prohibition Act stood p g home the charge under Section 304B that soon before her death victim was s sment and it would depend upon circum o strait-jacket formula can be laid down the case there was cruelty in connectio ry and the death. bring the charges under Section 498A of s subject to cruelty and harassment by t re husband and relatives of her h the demand of dowry. tter so, far as, Section 4 of the Dory Proh e consistent evidence come out that ju cution, it was nvicted them al Code read ence available ient materials d against the of the victim, e learned Trial d cruelty was held that the an Penal Code d proved. of IPC, the as subjected to cumstances of wn and in the ction with the of I.P.C. that by the accused husband in rohibition Act t just after the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified marriage of the de persons along with Lakhs. As the pare accused person star 11. On the basis of th concluded that the offence under Sectio Dowry Prohibition and sentenced to un years and pay fine o rigorous imprisonm the offence under S sentenced to unde years and pay fine o rigorous imprisonm the offence under Se sentenced to underg and pay fine of Rs rigorous imprisonm the offence under S substantive sentenc V. COURT’S REASONING 12. Heard Learned Cou placed before this C deceased with the accused person, th ith his relatives demanded further dow arents could not able to meet such de started to torture and ill-treat her. f the aforesaid findings, the learned T the prosecution had successfully estab ction 304B/ 498-A of IPC read with Sect ion Act. Consequently, the accused was undergo rigorous imprisonment for a p ne of Rs 5,000/- in default whereof he sha onment for a period of six months for c er Section 304B of the IPC. The Appel dergo rigorous imprisonment for a p ne of Rs 5,000/- in default whereof he sha onment for a period of six months for c r Section 498A of the IPC. Further, the A dergo rigorous imprisonment for a perio f Rs 5,000/- in default whereof he sha nment for a period of two months for c er Section 4 of the Dowry Prohibition A ences shall run concurrently. ING AND ANALYSIS: Counsel for the parties and perused the is Court. , the accused owry of Rs. 2 demand, the d Trial Court stablished the ection 4 of the was convicted a period of 10 shall undergo or committing pellant is also a period of 3 shall undergo or committing e Appellant is eriod of 1 year shall undergo or committing Act. And the the documents Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified 13. The provision emb Code places “cruelt foundational eleme Legislature, in its co the uncertainties of a clear and structu purposive legislativ with certainty. 14. It is well settled tha ordinary domestic f Section 498A IPC. T must attain a degre drive the woman t imminent danger conception of cruelt squarely encompas affecting the psycho 15. The provision, in its distinct form of c character. The Legis the harassment of intended to coerce an unlawful deman husband or his rela that matrimonial cr mbodied under Section 498A of the In uelty” at the very core of the offence, ma ement upon which the entire charge s considered wisdom, has not left the ex s of judicial interpretation; instead, it ha ctured definition, reflecting both preci ative intent to delineate the contours of that not every instance of matrimonial tic friction would, ipso facto, attract the C. The “cruelty” contemplated under th gree of gravity and intensity such that it n to commit suicide or to cause grav er to her life, limb, or health. The uelty thus extends beyond mere physica passes sustained mental and emotio chological well-being of the woman. n its second limb, extends its protective f cruelty that is coercive and instru egislature, in its manifest wisdom, has c of a married woman where such rce her, or any person related to her, in and for property or valuable security m relatives. The legislative design thus ack l cruelty is not confined to overt physic Indian Penal , making it the rge rests. The expression to t has provided recision and a of the offence nial discord or the rigours of the provision at it is likely to rave injury or The statutory sical harm and otional abuse ive sweep to a strumental in s criminalised h conduct is , into meeting y made by the acknowledges sical violence; Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified it may, with eq psychological pres coercion directed at 16. It is a settled princ under Section 498- by cogent material, relatives of the h unaccompanied by conduct, fall short o prosecution. In the p sister-in-law are ge delineation of her i alleged acts of cru allegations, it is co amount to an abuse 17. It is a cardinal embedded in our fastened upon an ac matrimonial home standing alone and conduct, is neither intention or parti demonstrating activ offence, such prese finding of criminal l equal severity, manifest through ressure, calculated intimidation, and d at the woman or her family members. rinciple of criminal jurisprudence that -A IPC must be specific, distinct and ial, particularly when they are directed husband. Mere omnibus or bald by clear attribution of individual act rt of the threshold necessary to sustain he present case, the accusations levelled general and sweeping in nature, ber er independent role or specific involvem cruelty. In the absence of such par contended that convicting the petitio use of the process of law. al principle of criminal jurispruden ur legal system, that criminal liability n accused merely on the basis of her pres me at any given point of time. Mere and unaccompanied by any overt act o er indicative of guilt nor a substitute f articipation. In the absence of clear ctive involvement or a defined role in resence remains legally insufficient to al liability. gh sustained nd persistent hat allegations nd supported ted against the d allegations, acts or overt tain a criminal led against the bereft of any lvement in the particularized titioner would dence, firmly lity cannot be resence in the ere presence, ct or culpable te for proof of lear evidence in the alleged t to sustain a Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified 18. In the present case daughter of the d enduring obligation the right, but a nat parental home and concern. Such visits long regarded as b these innocent and culpability would b Appellant and wou relationships as und 19. The timeless Latin stands as a sent jurisprudence. Its i person guilty unles liability, therefore, a informed by a consc association or the f daughter, or otherw of law, constitute th The law does not p upon proof of a p culpable intention. 20. A scrutiny of the r and telling lacuna in ase, it is of significance that the Appe deceased’s in-laws. The ties of bloo tions of filial piety confer upon a daught natural and socially recognized duty t and to care for her parents with aff isits are but a normal expression of fam s both natural and commendable. To d customary associations into a basis f ld be to impose an unwarranted burden would undermine the very foundation understood in law and society. tin maxim actus non facit reum nisi m sentinel of individual liberty within ts import is clear that an act does no less it is accompanied by a guilty mind re, attaches only to conduct that is inten onscious, blameworthy state of mind. M he fact of being related as to whether erwise can never, under any tenable co te the actus reus necessary to sustain a ot punish mere association or proximit a positive overt act coupled with th e record before this Court reveals a co a in the case set up by the prosecution. pellant is the lood and the ghter not only ty to visit her affection and amilial bonds, To transmute is for criminal rden upon the ion of familial i mens sit rea thin criminal not render a ind. Criminal ntentional and . Mere passive er as a sister, e construction a conviction. mity; it insists the requisite a conspicuous on. In so far as Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified the sister-in-law of Bhauja, is concerned specific over act, a instance of misco threatening or coe attributable to her in 21. The prosecution has the strength of a bar duty-bound to rejec long and unbroken and sweeping alle sustain a conviction reduce criminal ad vendetta and to re liberty illusory. 22. The similar sentime the case of Mamidid observed that: “14…..A b witnesses’ allegations and omnibu entirety, the the Appella any particu 1 2024 SCC Online SC 127 of the deceased, referred to in the ve ned, the evidence adduced is wholly dev t, any identified date or occasion, any isconduct, any particular conversat coercive character, or any independen er in furtherance of any alleged criminal has, in effect, sought to rope in the Appe bare omnibus allegation, a course that th eject with firmness. It is settled law, aff ken line of judicial authority, that vag allegations, unsupported by particula tion. If this we permit such a course w l adjudication to a mere instrument render the constitutional guarantee o iments have been echoed by the Suprem idid Anil Kumar Reddy v. State of A.P. bare perusal of the complaint, statemen s’ and the charge-sheet shows that against the Appellants are wholly gen ibus in nature; even if they are taken in , they do not prima facie make out a case ag ellants. The material on record neither disc ticulars of the offences alleged nor disclose vernacular as devoid of any ny delineated rsation of a dent conduct nal enterprise. ppellant upon at this Court is affirmed by a ague, general culars, cannot e would be to nt of familial e of personal reme Court in .P.1, the Court ents of at the general in their against iscloses oses the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified specific ro Appellants 15. The ph general omn disputes is Kausar alia with a simi complainan A and oth specific rol quash the F that such a the abuse of 23. In the considered Appellant, the siste specific, cogent, and legally untenable a cannot be inferred innocent fact of visi be made to bear the of conjecture an conspicuously faile that would implicat 24. This Court finds tha on record do not s offence under Sect concerned, the evid role/ allegations assigned to any of ts in the commission of the offences. phenomenon of false implication by wa omnibus allegations in the course of matrim is not unknown to this Court. In Kahka alias Sonam v. State of Bihar, this Court imilar case wherein the allegations made by ant-wife against her in-laws under section others were vague and general, lacking role and particulars. The court proceede he FIR against the accused persons and n h a situation, if left unchecked, would resu e of the process of law.” red view of this Court, the implicat ister-in-law of the deceased, in the abse and credible allegation of an overact on le and factually unsustainable. Crimin ed from the mere accident of relations visitation to a parental home. The Appel the burden of a criminal conviction upo and surmise, where the prosec ailed to particularise any act, instance, icate her in the commission of the alleged that, in the facts of the present case, the t satisfy the essential ingredients to co ection 498-A IPC. Insofar as the siste vidence reveals that she has been emplo of the way of imonial hkashan rt dealt e by the ion 498- ng any eded to d noted esult in ication of the bsence of any on her part is minal liability ionship or the pellant cannot upon the altar secution has ce, or conduct ged offence. the allegations constitute an ister-in-law is ployed at the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified Ordinance Factory, residing with her hu factory is about 1 circumstances clear the matrimonial h proximate connectio of any material esta death of the dece sustained in the eye 25. It further appears f had no proximate contrary, the evide regarding the incid promptly rushed to being of the dece perspective, is cons not, in any manner Consequently, the ambit of Section 498 26. The cumulative eff the prosecution ca reliability. Such in version, rendering same. This Court evidence on recor ory, Badmal since the year 2000 and r husband ever since her marriage in 198 t 150 Km from the pace of occurre learly indicates that she was living sepa l home of the deceased and has no ection with the alleged occurrences. In t establishing a nexus between her condu eceased, the allegations against her eye of law. rs from the materials on record that the te involvement in the alleged occurren idence discloses that upon receiving i ncident involving her bhauja (sister-in to the matrimonial home out concern fo deceased. Such conduct, viewed in onsistent with natural human response ner, evince any element of cruelty or h he same does not bring her conduct 498-A of IPC. effect of the inconsistencies and discre case casts a serious doubt on its ve infirmities create a cloud over the pr ing it unsafe to place implicit reliance urt ,therefore, of the considered view ecord falls short of establishing the and has been 1988. The said rrence. These eparately from no direct or In the absence nduct and the er cannot be the Appellant rrence. On the information in-law), she for the well- in its proper nse and does r harassment. ct within the screpancies in veracity and prosecution’s nce upon the view that the the essential Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified ingredients require IPC against the App 27. It is a well-settled p Supreme Court in a that in order to br Section 304-B of IPC reasonable doubt, essential ingredien conjunctive in natu charge. (i) Death of a w injury or it circumstanc (ii) Such death m (iii) Soon before or harassme and (iv) Such cruelt demand for This Court is boun enumerated above must coexist simult shall inexorably res 304-B of IPC, how against the accused ired to attract the offence under Sectio ppellant, beyond all reasonable doubt. d proposition of law, affirmed and reiter in a long and unbroken series of prono bring home the charge of dowry de IPC, the prosecution is obliged to establi bt, the concurrent presence of the dients. These conditions are cumul ature; the absence of even one shall be a woman must have been caused by nay bur r it must have occurred otherwise than un ances; th must have occurred within seven years of ore such death, she must have been subjecte sment by her husband or any relative of h elty or harassment must be in connectio for dowry. ound to remind itself that the four ve must each be independently estab ultaneously. A failure to prove any o result in the collapse of the charge un owsoever grave the suspicions that m sed. The presumption under Section 1 ction 498A of bt. iterated by the nouncements, death under ablish, beyond the following mulative and be fatal to the burns or bodily under normal s of marriage. ected to cruelty of her husband; ction with nay ur ingredients tablished and y one of them under Section at may linger n 113-B of the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified Indian Evidence Ac foundational facts, alone that the pres and the burden shif 28. Upon careful appra that the testimonie dowry by the App marriage of the dec absence of any mat point of time, direct the deceased. Furt locality has come fo demand insofar as circumstances, this foundational ingred existence of a dem reasonable doubt. 29. This Court placed r Singh v. State of U relation to Section 1 IPC and it was held “21. ……… demand of m to the inc prosecution 2 2023 INSC 404 Act shall be triggered only upon pro ts, and it is upon that bedrock of estab resumptions of dowry may be lawfully shifted upon the accused to rebut it. praisal of the evidence on record, this C nies do not disclose any instance of Appellant, either prior to or at the t deceased with her brother. There is a co material to suggest that the Appellant h rectly or indirectly raised a demand of d Furthermore, no independent witness e forward to substantiate the allegation as the present Appellant is concerne his Court is constrained to hold that redients of the offence of dowry death, emand dowry, has not been establish d reliance in the judgment in the case o f Uttarakhand2, wherein the Court not n 113B of Indian Evidence Act and Sect eld that: ….. It is only certain oral averments regar of motorcycle and land which is also much incident. the aforesaid evidence led by ion does not fulfill the pre-requisites to in proof of these stablished fact fully be raised is Court finds of demand of e time of the a conspicuous nt had, at any of dowry from ess from the tion of dowry rned. In such at one of the th, namely the lished beyond e of Charanjit noted that the ection 304B of garding ch prior by the invoke Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified presumption the Indian E 23. On a co prosecution prerequisite IPC and Se not being fu be justified. in the matr will not b Section 304 30. Similarly, in the c establish, by cogen subjected to cruelty before her death in The evidence on rec of a proximate and death of the decease the considered opin to attract the off Accordingly, the p Section 304-B of IPC 31. From the foregoing has failed to esta harassment or crue connection with a d essential ingredien tion under Section 304B IPC or Section 113 an Evidence Act….. collective appreciation of the evidence led b ion, we are of the considered view that sites to raise presumption under Section 304 Section 113B of Indian Evidence Act ha g fulfilled, the conviction of the appellant ca ied. Mere death of the deceased being unna atrimonial home within seven years of mar t be sufficient to convict the accused u 304B and Section 498A of IPC”. e case in hand, the prosecution has gent and reliable evidence, that the dec elty or harassment by the present App in connection with any alleged demand record does not satisfy the essential re and live link between the alleged cruel eased. In the absence of such proof, this pinion that the foundational ingredient offence of dowry death are not e present case does not fall within th IPC and Section 4 of the Dowry Prohibit ing discussions, it is evident that the p stablish, beyond reasonable doubt, a ruelty at the instance of the present A a demand of dowry. Be that as it may ients constituting the offence of do 113B of d by the that the 304B of having t cannot natural arriage under has failed to deceased was ppellant soon nd for dowry. l requirements ruelty and the his Court is of ents necessary t made out. the ambit of ibition Act. e prosecution t, any act of t Appellant in may, once the dowry death Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified remain unproved, t of the Indian Evid prosecution. 32. With regard to th deceased to cruelty finds that such as material particulars specific instance Appellant, who is clear or convincing cruelty of such a na the penal provision evidence, the allega insufficient to susta 33. Mere assertions th weeping cannot, b reasonable doubt t conduct of a natur suicide. It is appos discussed hereinab ingredients of “crue Section 304-B of IP Prohibition Act. In admissible evidenc cannot be said to ha d, the statutory presumption under Se vidence Act cannot be invoked in fav the allegations that the in-laws sub lty in connection with dowry demands assertions are vague, omnibus, and lars the evidence on record does not d e of harassment attributable to th is the sister-in-law of the deceased. T ing material to establish either physica nature as would bring the case within t ions. In the absence of precise, cogent, a legations remain unsubstantiated and stain the charge in accordance with law. that the deceased was often unhapp t, by themselves, lead to a conclusio bt that she was subjected to such hara ature and degree as would drive her posite to observe that the evidence on nabove, falls short of establishing th cruelty” as contemplated under Sections f IPC, as well as under Section 4 of In the absence of cogent, reliable, a ence, the charges under the aforesaid have been proved beyond reasonable d Section 113-B favour of the subjected the ds, this Court nd devoid of t disclose any the present . There is no ical or mental in the ambit of t, and credible nd are wholly aw. appy or seen usion beyond harassment or er to commit on record, as the essential ons 498-A and of the Dowry e, and legally aid provisions le doubt. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified 34. In the instant matte the Appellant had commit suicide or her, either mentally There is also a com Appellant had inten suicide. On the cont from the record, re sister-in-law (bhau home which condu levelled against her 35. In view of the for findings recorded b infirmity. The learn the evidence on rec holding the Appella Section 34 of the In Dowry Prohibition being unsustainable Consequently, the levelled against her learned Trial Court VI. CONCLUSION: atter, there is no material on record to in had, in any manner, instigated the d or had engaged in any conspiracy so tally or physically, to take such an ext complete absence of evidence to sugge ntentionally aided or facilitated the com ontrary, the conduct of the Appellant, a , reveals that upon learning of the de hauja), she immediately rushed to he nduct is wholly inconsistent with the her. foregoing discussions, this Court find d by the learned Trial Court suffers fro arned Trial Court has failed to properly record and has erroneously arrived at a ellant guilty under Section 304-B, 498-A e Indian Penal Code, as well as Sectio ion Act. The impugned judgment of able both in law and on facts, is hereby he Appellant stands acquitted of all t her, and the conviction and sentence pa urt are hereby quashed. o indicate that e deceased to so as to drive extreme step. ggest that the commission of t, as borne out death of her her parental he allegations finds that the from material rly appreciate a conclusion A read with ction 4 of the of conviction, reby set aside. ll the charges passed by the Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 29-Apr-2026 19:52:20 Signature Not Verified 36. In view of the fore the material facts an considered and firm order of sentence p Sessions Judge, Nua from manifest infirm Court. 37. The findings record upon a proper and j and are unsuppo Accordingly, the p deserves to be allow sentence passed by Consequently, this for by the Appellan 38. Accordingly, the CR 39. Interim order, if any Orissa High Court, Cuttack, Dated the 17th April, 2026/ oregoing analysis and upon meticulous s and circumstances of the case, this Cou firm opinion that the judgment of conv ce passed by the learned Additional D Nuapada, in S.C. Case No. 58/17/3 of 200 firmity and thereby warranting interfere orded by the learned Trial Court are n nd judicious appreciation of the evidenc pported by cogent and convincing e present Criminal Appeal, being m llowed. The judgment of conviction an by the learned Trial Courts are hereby his Court is inclined to accede to the re lant. CRLA stands allowed. any, passed earlier stands vacated. (Dr. Sanjeeb K Pani Judge ous reading of Court is of the onviction and District and 004-19, suffer ference by this not founded ence on record cing reasons. meritorious, and order of reby set-aside. e relief prayed anigrahi) Designation: P.A.