Rakesh Sah And Anr vs The State Of Bihar on 6 August, 2025

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Patna High Court

Rakesh Sah And Anr vs The State Of Bihar on 6 August, 2025

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL APPEAL (SJ) No.41 of 2014
        Arising Out of PS. Case No.-13 Year-2007 Thana- MOTIHARI MUFASIL District- East
                                             Champaran
      ======================================================
1.     Rakesh Sah, Son of Binda Sah.
2.     Binda Sah, Son of Late Aklu Sah.
       Both resident of Village- Lakhaura Bichala Tola, Police Station- Lakhaura
       Mufassil, District- East Champaran.
                                                                 ... ... Appellant/s
                                         Versus
      The State of Bihar
                                                              ... ... Respondent/s
      ======================================================
      Appearance :
      For the Appellant/s     :       Mr. Amit Anand, Advocate
      For the State           :       Mr. A. M. P. Mehta, APP
      ======================================================
     CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                           CAV JUDGMENT
       Date: 06-08-2025

                            Heard learned counsel for the appellants and

       learned APP for the State.

                            2. Learned counsel for the appellants submits

       that appellant no. 2, namely, Binda Sah has already died during

       the pendency of this appeal vide Letter No. 224 / vidhi of

       Superintendent of Police, East Champaran, Motihari, so the

       appeal against the above named appellant no. 2, namely, Binda

       Sah stands abated and the sole appellant no. 1, namely, Rakesh

       Sah shall continue.

                            3. The present appeal has been filed under

       Section 374(2) of the Code of Criminal Procedure, 1973

       (hereinafter referred to as the 'Cr.P.C') against the Judgment of
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         conviction dated 19.12.2013 and order of sentence dated

         23.12.2013

in Sessions Trial No. 700 of 2009, G.R. Case No.

131A of 2007 arising out of Mufassil P.S. Case No. 13 of 2007

passed by the learned 6th Additional District and Sessions Judge,

Motihari, East Champaran, whereby and where-under the

appellant has been convicted for the offences punishable under

Sections 304 (B) read with 34 of the Indian Penal Code

(hereinafter referred to as the ‘IPC‘) to undergo rigorous

imprisonment for ten years and further he has convicted under

Sections 201 read with 34 of the IPC to undergo rigorous

imprisonment for a period of three years and a fine of Rs.

3,000/-. Both the sentences shall run concurrently.

4. On the basis of the fardbeyan of the informant

Mufassil P.S. Case No. 13 of 2007 the case was registered

against the accused persons. The Police took up investigation

and after completion of investigation, charge sheet was

submitted before the Trial Court. After cognizance and

commitment, the Sessions trial was transferred to the Court of

2nd Additional Sessions Judge, Siwan for disposal.

5. On behalf of prosecution total 9 witnesses

were examined. Out of them, PW-1 Yogendra Sah, PW-2 Rohit

Sahani, PW-3 Bishwanath Sah, PW-4 Moti Lal Sah, PW-5
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Lagandeo Sah, PW-6 Usha Devi (mother of the deceased), PW-

7 Bhikhari Sah (informant and father of the deceased), PW-8

Ram Ayodhya Das (IO) and PW-9 Dr. A.A. Lari. PWs-1 to 5 has

been declared hostile by the prosecution. Documentary

evidences exhibited on behalf of the prosecution, Ext-1

Signature of the informant on the written petition, Ext-2

Endorsement on the written petition, Ext-3 Inquest report and

Ext-4 Postmortem Report.

6. PW-6 in his examination-in-chief stated that

the deceased Anita Devi was her daughter. She was married to

the accused Rakesh Shah, six years prior to her death. Anita

died four years ago in her matrimonial home. Her in-laws had

been demanding a gold chain and a buffalo as dowry. When the

demands were not fulfilled, they started assaulting her.

Thereafter, when her husband went to bring her back, but the

accused refused to send her daughter. Later, Rakesh’s brother

informed them that Anita eloped. While searching for her, her

body was found in a pond located behind the accused’s house.

She further stated that she went to the police station and her

statement was recorded.

6.i. In her cross-examination, she stated that her

statement was recorded by the police during supervision,
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approximately a month after her daughter’s death, and it was

taken at her doorstep. She further stated that her daughter had

told her that the accused used to beat her for dowry. She further

stated that she does not know how Anita died, and she has not

seen the pond from where the body was recovered.

7. PW-7 in his examination-in-chief, stated that

the deceased, Anita Devi, was his daughter. She was married to

the accused Rakesh Shah in the year 2005 and died in the year

2007 in her matrimonial house. On the day of Khichdi, he went

to his daughter’s matrimonial home, where Anita informed him

that her in-laws were assaulting her for not bringing a buffalo

and a gold chain. He asked her father-in-law Binda Shah for her

bidai upon which her in-laws stated that her husband knows

about it and who refused to send her back without receiving the

buffalo and chain. Four to five days later, Jagmohan informed

him that Anita had gone out in the morning and had not came

back yet. A search was initiated and about 4-5 days later, her

body was found by fisherman in a pond near the accused’s

house. People gathered at the scene and the police arrived and

took the body into custody. He then went to the police station

and filed a case. The Sub-Inspector wrote down the complaint

and took his signature, which is marked as Exhibit A.
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7.i. In his cross-examination, he stated that his

statement was recorded before the police for the first time. At

the time of lodging of the FIR it was not recorded again. After

Anita’s marriage, he visited her matrimonial home three times.

Each time, he stayed for only about ten minutes. On one

occasion, Binda Shah refused to call his son in front of him and

said his son (Rakesh) knew everything and he (Binda) did not

know anything. He first received news of Anita’s disappearance

on Saturday and first saw her dead body in a pond on the

following Monday, where it was entangled in water hyacinth.

He informed his wife and children about the dowry demands.

The body was handed over to him after postmortem, and he

performed the cremation on Tuesday. None of Anita’s in-laws

attended the cremation despite being informed.

7.ii. He further stated that Anita had come to his

house twice after marriage once 10-12 days after marriage, and

once 10-15 days after the ceremony of donga. When she came

after donga for the first time she told him about dowry demands

and assault. However, she did not mention that her husband had

threatened to kill her. He did not see any cut marks on her body

but said Anita told him she was hurt. He never took her to a

doctor nor made any complaint against her in-laws at that time.
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Anita had no children. He denied the suggestion that his

daughter was mentally unsound. He stated he was unaware of

any incident in which she slipped into the pond while

defecating. He denied that he falsely implicated the accused to

extort money.

8. PW-8 in his examination-in-chief stated that

on 22.01.2007, he was posted as a Sub-Inspector (SI) at

Lakhaura Police Station. On that day, Bhikhari Sah submitted a

written application, which he forwarded to Mufassil Police

Station for registration of the FIR. The forwarding note from

Lakhaura P.S. SHO was marked as Exhibit 2. Based on this,

Mufassil (Lakhaura) P.S. Case No. 13 of 2007 was registered

and he was assigned the investigation. During the investigation,

he first visited the place of occurrence along with the police

force and the informant. They searched the pond, and the dead

body of Anita Devi was recovered near the roots of a bamboo

grove on the south side of the pond. The body was identified by

the informant’s and thereafter he prepared the inquest report,

which bears the signatures of the informant, Vishwanath Shah,

and himself which was marked as Exhibit 3. Thereafter, the

body was sent for postmortem and the place was inspected.

8.i. He further stated that the first place of
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occurrence was the house of accused Binda Shah, facing west

and constructed with tiles. As the house was locked from

outside, the rooms could not be inspected. There are six ponds

along the boundary of the house, one of which is where the

body was found. He recorded the statements of Bhikhari Sah,

Usha Devi, Vishwanath Shah, Lagandev Shah, Yogendra, Rohit

Sahni, Motilal Shah, Rajeshwar, among others. In their

statements, Yogendra Shah and others said the accused

murdered Anita Devi a day or two earlier and concealed her

body in the pond. They also stated that she was being harassed

for dowry. He further stated that the second place of occurrence

was beneath a bamboo grove on the eastern bank of the pond

from where the body was recovered. The postmortem report was

later obtained. After supervision by the Deputy SP and SP, the

investigation was handed over to Madan Mohan Prasad (SHO)

on 30.12.2007 due to the witness’s suspension for other reasons.

8.ii. In his cross-examination, he stated that

about 10-12 local fishermen were sent into the pond to recover

the body and thereafter he recorded the statements of all persons

who went along for the search of the deceased. Although some

of them were involved in retrieving the body, it was not

mentioned in their statements that they assisted in the recovery.
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He was present at the place from 1:30 PM to 6:00 PM and first

went to the house of the accused. He could not recall the

duration spent at each location (house and pond). He did not

enter the pond himself. He confirmed that no witness statement

mentioned the body being buried under soil at the bamboo

grove. The depth of the location was not mentioned in the case

diary. The bamboo grove was located east of the pond, and

contained about 50-60 bamboo stakes, owned by Ganesh Sah.

The Khata-Khasra details of the bamboo grove were not

verified. Witnesses Vishwanath, Lagan Dev, Rohit Sahni,

Motilal Shah, Rajeshwar Sahni, Manoj Sahni were from the

informant’s village and considered independent witnesses. No

witness from the accused’s village was examined.

8.iii. He further stated that no witness claimed to

have seen the accused killing the deceased or throwing her body

into the pond. He confirmed that no bleeding wounds or injury

marks were initially observed on the body. Later, he noticed a

grazed wound on the left side of the neck and a wound-like

mark near the right side of the mouth. He could not measure the

wounds or determine if they were fresh or old. There was no

record of whether the clothes were muddy or torn. His opinion

on the cause of death was based on witness statements. He
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recorded all the witness statements at the pond between 2:00

PM and 6:00 PM. He tried to examine other villagers of the

deceased’s village, but this was not noted in the case diary. He

could not recall who told him that the body was buried in mud.

He later stated that the body was sent for postmortem by tractor,

as recorded in the diary. He was not present at the postmortem.

He reached the scene on foot, accompanied by the informant.

He denied the suggestion that he recorded the informant’s

statement while sitting at the police station or that the accused

was falsely implicated for unlawful gain.

9. PW-9 in his examination-in-chief stated that

on 23.01.2007 he was posted at Sadar Hospital Motihari as D.S

Sadar Hospital Motihari. On that day at 7:11 am he conducted

the postmortem examination of the dead body of Anita Devi,

w/o Rakesh Sah at village Bichala tola Lakhaura P.S Lakhaura

District East Champaran and found the following antemortem

injuries on her dead body:

i. both eye congested
ii. Serosangeos coming out from the Nostril
iii. Abrasion ½ cm x ½ cm present at right
angle of mouth.

iv. A ligature mark width about ½ cm found
high up in neck up to 1m angle at mandible
but absent in back.

9.i. On dissection skull NAD, Brain congested,
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Neck trachea congested and petechial hemorrhage, found benith

the skin at neck. Thorax NAD but both limbs congested. Heart

right chamber contains dark fluid blood, left chamber was

empty. Abdomen- Abdominal viscera congested. Stomach

contains semi-digested juice about 4 ounce. Urinary bladder

empty. Cause of death- In his opinion it is asphyxia caused by

smothering as well as strangulation. Time elapse since death- 36

to 42 hrs. The said postmortem report is in his pen and

signature, which is marked as Ext. 4.

9.ii. In his cross-examination, he stated that the

dead body was produced by police. At the time postmortem,

there was no relative of deceased present. He has not written the

time in which postmortem was conducted. He did not find blood

clot. in the mouth or in nostril. On the basis of rigor mortis he

has written the time of death. He has not written the colour of

the injury. Colour of the injury is the basis of fixing the time of

injury. Arisen of this case had not been caused by lathi. There

was no sign of finger on neck. It is not a fact that this

postmortem is false.

10. After closure of the prosecution evidence, the

appellant was examined under Section 313 of the Cr.P.C where

they claimed that the prosecution evidence is false and they are
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innocent and have been falsely implicated in the present case.

11. The learned counsel appearing on behalf of

the appellants submitted that the impugned judgement of

conviction and order of sentence are not sustainable in the eye

of law or on facts. Learned trial Court has not applied its

judicial mind and erroneously passed the judgement of

conviction and order of sentence. He further submits that from

perusal of the evidences adduced on behalf of the prosecution it

is crystal clear that on 20.01.2007 brother-in-law of the

deceased went to the informant’s house and informed that

deceased was not at her matrimonial home. He submits that how

it is possible that the family who killed informants daughter

went to inform them about missing of the deceased. It is alleged

by the informant that sasural party was demanding golden chain

and a buffalo since year 2006 but prior to the alleged occurrence

neither FIR nor any complaint was lodged by the informant

against the appellants in regard to torture, harassment and

demand of dowry.

11.i. He further submits that body of the

deceased was found in the pond behind the appellant’s premises.

If appellants would have killed the deceased then why would

they throw the body of the deceased behind their house as
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everyone knows that the dead body smells foul. He stated that

without the prove of cruelty or harassment being perpetrated by

husband or any relative soon before the death of wife and the

only circumstances of death due to burn injuries within the

seven year of marriage is not enough to attract the ingredients of

Section 304B of the IPC. In the present case the demand of

dowry and cruelty both were the self imagination and

assumption of the informant and without any corroboration.

11.ii. Learned counsel further submitted that the

instance case was based on circumstantial evidence there was no

direct evidence or ocular witnesses were available. In

circumstantial evidence the chain of guilt should clearly

established the guilt of accused and no other probability, which

is not established in the instant case. There must be a chain of

evidence so complete as not to leave any reasonable ground for

the conclusion consistent with the innocence of the accused and

must show that in all human probability the act must have been

done by the accused. The Learned trial Court has failed to

appreciate the evidence it’s right perspective and impugned

judgement of conviction is bad in law as well as on fact and

such to set aside. Learned counsel further submitted that

appellant no.1 has spend almost seven years in judicial custody,
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where, the appellants have suffered and undergone persistent

agony on the account of the same and are struggling for the

defence since last 16-17 years. So, the appellants should have

been acquitted from the conviction as sentenced against them or

period undergone.

11.iii. Learned counsel further relied upon the

judgment passed by the Hon’ble Apex Court in the case of

Charan Singh v. State of Uttarakhand 2023 SCC online SC

452 has laid down that:

wherein a woman died an unnatural death
in her matrimonial home, held that mere
death of the deceased being unnatural in
the matrimonial home within seven years of
marriage will not be sufficient to convict
the accused under Section 304-B and 498-A
IPC if the cruelty or harassment has not
been proved to be soon before the death.

12. On the other hand, learned Additional Public

Prosecutor has vehemently opposed these appeals and submits

that there is direct allegation against the present appellants, for

committing an offence under Sections 304B of the IPC. He

submitted that death has been occurred in matrimonial house

within the seven years of her marriage. The alleged incident

took place within one week after she returned from her parental

home and the death of victim was clearly and evidently

unnatural. Further it is submitted that in view of the aforesaid
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statements and the evidence on record, learned trial Court has

rightly convicted the appellants and the present appeals should

not be entertained.

13. At this stage, I would like to appreciate the

relevant extract of entire evidence led by the prosecution and

defence before the Trial Court.

14. On deeply studied and scrutinized all

evidences, it is evident to note that the prosecution alleged that

the deceased was murdered by the accused persons for demand

of dowry. The father of the deceased (PW-7) in his deposition

stated that on the day of Khichdi, he went to his daughter’s

matrimonial home, where she informed him that her in-laws

were assaulting her for not bringing a buffalo and a gold chain.

Which has been also corroborated by PW-1. So, this established

the fact that soon before her death she was subjected to the

cruelty and assault on demand of dowry. There is no earlier

complaint regarding the demand of dowry from the family

members of the deceased due to the just and natural fact that on

the occasion of first or second demand the family members try

to compromise and settling the demand within the family and

want to save the matrimonial life of his daughter. The brother in

law went to inform the family members of the deceased but did
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not inform the police at first instant which reasonably required

from a prudent men to act in particular circumstances and also

no justification has been provided for the said act by the

appellant.

15. Further the injury report of the deceased

shows that she died not because of drowning but because of

asphyxia caused by smothering as well as strangulation.

Moreover deceased died within seven years of her marriage and

also due to unnatural death. Dead body is recovered near the

house of the accused and soon before her death, she was

subjected to cruelty in connection with demand for dowry is

established. Accordingly it has been concluded that the

prosecution has established its case beyond shadow of all

reasonable doubts and now the burden shifted on the appellant

to discharge this burden. Considering all the above facts and

circumstances the presumption against the accused which has

been provided under Section 113 B of the Indian Evidence Act

(herein after referred as ‘IEA’) has been raised and now the

burden has been shifted on the appellant to rebut the

presumption elevated against him. At this point of time it is

imperative to observe Section 106 of IEA as it is within the

special knowledge of the appellant to explain the alleged
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occurrence and the cause of death of the deceased. Section 106

of the IEA read as follow:

“106. Burden of proving fact especially
within knowledge. When any fact is
especially within the knowledge of any
person, the burden of proving that fact is
upon him.”

16. The Hon’ble Apex Court, in the case of

Trimukh Maroti Kirkan v. State of Maharashtra (2007) (57)

ACC 938 SC held that:

“12. If an offence takes place
inside the privacy of a house and in such
circumstances where the assailants have all
the opportunity to plan and commit the
offence at the time and in circumstances of
their choice, it will be extremely difficult for
the prosecution to lead evidence to establish
the guilt of the accused if the strict principle
of circumstantial evidence, as noticed above,
is insisted upon by the Courts. A Judge does
not preside over a criminal trial merely to
see that no innocent man is punished. A
Judge also presides to see that a guilty man
does not escape. Both are public duties. (See
Stirland v. Director of Public Prosecution
1944 AC 315 quoted with approval by Arijit
Pasayat, J. In State of Punjab vs. Karnail
Singh
(2003) 11 SCC 271). The law does not
enjoin a duty on the prosecution to lead
evidence of such character which is almost
impossible to be led or at any rate extremely
difficult to be led. The duty on the
prosecution is to lead such evidence which it
is capable of leading, having regard to the
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facts and circumstances of the case. Here it
is necessary to keep in mind section 106 of
the Evidence Act which says that when any
fact is especially within the knowledge of
any person, the burden of proving that fact is
upon him. Illustration (b) appended to this
section throws some light on the content and
scope of this provision and it reads:

(b) A is charged with traveling on a railway
without ticket. The burden of proving that he
had a ticket is on him.”

Where an offence like murder is committed
in secrecy inside a house, the initial burden
to establish the case would undoubtedly be
upon the prosecution, but the nature and
amount of evidence to be led by it to
establish the charge cannot be of the same
degree as is required in other cases of
circumstantial evidence. The burden would
be of a comparatively lighter character. In
view of section 106 of the Evidence Act there
will be a corresponding burden on the
inmates of the house to give a cogent
explanation as to how the crime was
committed. The inmates of the house cannot
get away by simply keeping quiet and
offering no explanation on the supposed
premise that the burden to establish its case
lies entirely upon the prosecution and there
is no duty at all on an accused to offer any
explanation.”

17. In the present case the prosecution has

discharged the onus by proving all the elements necessary to

establish the offence. To the satisfaction of this court the
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prosecution have succeeded in proving facts from which a

reasonable inference can be drawn regarding guilt of the

accused. The Hon’ble Apex Court, in the case of Nagendra

Shah v. State of Bihar (2021) the it has been reinforced that, in

cases resting on circumstantial evidence, an accused’s failure to

provide a reasonable explanation as required by Section 106 of

IEA could serve as an additional link in the chain of

circumstances. In the instant case there is no direct or ocular

witness is present in the case so the case is completely based on

circumstantial evidence. In the present case as no justification

has been provided by the accused regarding the circumstances

which led the death of deceased add an additional link to the

circumstantial evidence which established the guilt of accused.

18. The Hon’ble Apex Court, in the case of

Dinesh vs State Of Haryana on 25 April, 2014

“17. Prima facie we are of the view that
neither definite period has been indicted in
the aforementioned section nor the
expression “soon before” has been defined.
In the case of Dhian Singh & Anr. vs. State
of Punjab, (2004) 7 SCC 759, this Court
held that:- “The contention of the
appellant’s counsel is that even if it is
proved that there was cruelty on account of
demand of dowry, such cruelty shall be
soon before the death and there must be
proximate connection between the alleged
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cruelty and the death of the deceased. It is
true that the prosecution has to establish
that there must be nexus between the cruelty
and the suicide and the cruelty meted out
must have induced the victim to commit
suicide. The appellant has no case that
there was any other reason for her to
commit suicide. The evidence shows that
the first appellant had demanded dowry
and he had sent her away from his house
and only after mediation she was taken
back to the appellant’s house and death
happened within a period of two months
thereafter. These facts clearly show that the
suicide was the result of the harassment or
cruelty meted out to the deceased. The
presumption under Section 113-B of the
Indian Evidence Act could be invoked
against the appellant and the Sessions
Court rightly found the appellant guilty of
the offence punishable under Section 304B
IPC and Section 201 IPC.”

19. In the present case also the death of deceased

is because of asphyxia caused by smothering as well as

strangulation and the same is confirmed by the injury report of

the deceased which also shows that she died not because of

drowning. The prosecution has proved its case to the satisfaction

of the court so as per law the presumption of section 113B of the

IEA will raised against the accused.

20. To attract the provision of Section 304-B of

the Code, one of the main ingredients of the offence which is

required to be established is that “soon before her death” she
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was subjected to cruelty and harassment “in connection with the

demand for dowry”. To appreciate the arguments raised by the

learned counsel for the parties, a perusal of Section 304B of the

IPC and Section 113B of the Indian Evidence Act, 1872 would

be required. The same are extracted herein below:-

Section 304B of the IPC read as follow:

“304B. Dowry death.– (1) Where the death
of a woman is caused by any burns or
bodily injury or occurs otherwise than
under normal circumstances within seven
years of her marriage and it is shown that
soon before her death she was subjected to
cruelty or harassment by her husband or
any relative of her husband for, or in
connection with, any demand for dowry,
such death shall be called “dowry death”,
and such husband or relative shall be
deemed to have caused her death.
Explanation-For the purpose of this sub-
section, “dowry” shall have the same
meaning as in Section 2 of the Dowry
Prohibition Act, 1961 (28 of 1961). (2)
Whoever commits dowry death shall be
punished with imprisonment for a term
which shall not be less than seven years but
which may extend to imprisonment for life.

21. The essential ingredients of dowry death

under Section 304-B of the IPC are as follow:

(i) death of the woman concerned is by any
burns or bodily injury or by any cause
other than in normal circumstances, and
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(ii) is within seven years of her marriage,
and

(iii) that soon before her death, she was
subjected to cruelty or harassment by her
husband or any relative of the husband for,
or in connection with, any demand for
dowry.

22. The accused must have subjected the woman

to cruelty in connection with demand for dowry soon before her

death and that this ingredient has to be proved by the

prosecution beyond reasonable doubt and only then the Court

will presume that the accused has committed the offence of

dowry death under Section 113B of the Indian Evidence Act.

Section 113B of the Indian Evidence Act read as:

“Section113B: Presumption as to dowry
death- When the question is whether a
person has committed the dowry death of a
woman and it is shown that soon before her
death such woman had been subjected by
such person to cruelty or harassment for, or
in connection with, any demand for dowry,
the Court shall presume that such person
had caused the dowry death.”

23. Noticeably this presumption as well is

founded on the proof of cruelty or harassment of the woman

dead for or in connection with any demand for dowry by the

person charged with the offence. The presumption as to dowry

death thus would get activated only upon the proof of the fact
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that the deceased lady had been subjected to cruelty or

harassment for or in connection with any demand for dowry by

the accused and that too in the reasonable contiguity of death.

Such a proof is thus the legislatively mandated prerequisite to

invoke the otherwise statutorily ordained presumption of

commission of the offence of dowry death by the person

charged therewith.

24. The Hon’ble Apex Court, in the case of State

of U.P vs Tribhuwan, (2018) 1 SCC 90 has laid down that, time

spent in custody by a convicted persons, both as an under-trial

and as a convicted person, may be considered as jail sentence

awarded to him and he may get the advantage of set off under

Section 428 of Cr.P.C.

25. Hence, keeping in view all the material on

record and the observation of the Hon’ble Apex Court, it is

observed that the appellants have been in judicial custody for

approx six years five months and the Judgment of conviction

dated 19.12.2013 and order of sentence dated 23.12.2013 in

Sessions Trial No. 700 of 2009, G.R. Case No. 131 A of 2007

arising out of Mufassil P.S. Case No. 13 of 2007 passed by the

learned 6th Additional District and Sessions Judge, Motihari,

East Champaran, is hereby upheld and sustained. As there is no
Patna High Court CR. APP (SJ) No.41 of 2014 dt.06-08-2025
23/23

adverse report against the appellant about his conduct otherwise

the same would have been brought to our notice by learned

counsel for the State and the sentence of the appellant is reduced

to period undergone and the appellant stands discharged of the

liabilities of his bail bonds, if any.

26. Accordingly, this appeal is partly allowed.

27. Office is directed to send back the trial Court

records and proceedings along with a copy of this judgment to

the trial Court, forthwith, for necessary compliance, if any.

(Ramesh Chand Malviya, J)

Anand Kr.

AFR/NAFR                NAFR
CAV DATE                15.07.2025
Uploading Date          06.08.2025
Transmission Date       06.08.2025
 



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