"In absence of legally admissible evidence, there cannot be moral conviction:" Bombay High Court acquits husband, in-laws in dowry death case

There cannot be a 'moral conviction' when there is no legally admissible evidence to show that a woman was killed by her husband and in-laws, the Bombay High Court ruled (Sachin R Teke v. State of Maharashtra)..A Bench of Justices Sadhana S Jadhav and NR Borkar held that just because the wife has died in her matrimonial house within two months of marriage, the entire family cannot be stigmatised as having committed the offence of murder or dowry death. ."In cases like the present one just because wife has died in her matrimonial house within two months of marriage, the entire family cannot be stigmatized as having committed offences as serious as an offence under section 302 of IPC. In absence of legally admissible evidence there cannot be moral conviction," High Court held..It, therefore, set aside the conviction handed down to the husband and parents in-law by the lower court for offences punishable under sections 498A (cruelty to wife by husband or his relative), 302 (punishment for murder) and 304B (dowry death) of the Indian Penal Code (IPC). .By way of background, Sachin R Teke had got married to Megha in July 2010. Megha was found hanging to the rafter in her bedroom in September the same year. The woman's father-in-law approached the police station to report a case of death by suicide. .However, the woman's father later filed a complaint accusing Sachin and his family of offences under IPC and Dowry Prohibition Act. His complaint stated his daughter had complained to him about ill-treatment and harassment meted out to her by the husband and in-laws..The Sessions Court convicted the accused after which they moved the High Court in appeal. .Advocates Hrishikesh Mundargi and Jayant Bardeskar, representing the husband and in-laws, submitted that there was no conclusive evidence to show dispute between the members of both families over dowry. The fact that Megha committed suicide within two months of her marriage prima facie showed she was getting married against her wish, they argued..It was also submitted that Megha was a sensitive person and used to be under mental stress from 2005. "The medical evidence on record coupled with the substantive evidence of P.W.7 (doctor who performed autopsy) would clearly establish that the cause of death was 'asphyxia due to hanging'," the appellant lawyers stated. Since the reasons for commission of suicide were unknown to the accused in the case, they deserved to be acquitted of all charges. .Additional Public Prosecutor MH Mhatre opposed the appeal by arguing that the reasons for Megha's mental depression ought to have been known to the accused persons and on three occasions Megha had complained to her father about the ill-treatment being meted out to her..The Court concluded from the medical evidence that the cause of death was asphyxia due to hanging and therefore, conviction for an offence under section 302 of IPC was unwarranted. "By no stretch of imagination, the accused could be convicted for an offence punishable under section 302 of the Indian Penal Code in view of the medical evidence on record," the Court remarked. .The Court further observed that in the present case, it cannot be said that Megha has died in suspicious circumstances. "It is a case of suicide within two months of marriage. The prosecution has failed to prove any ill-treatment meted out to the victim within two months of her matrimony.".The Court opined that the presumption that wife died within 7 years and hence it is due to cruelty by in-laws and husband, is a rebuttable presumption which does not absolve the prosecution from proving its case beyond reasonable doubt.The Court also found that the prosecution failed to make out a case beyond reasonable doubt under Sections 498A and provisions of the Dowry Prohibition Act.."It prima facie appears that the deceased Megha was willing to continue her education, however, she was married hurriedly by her parents since they found a suitable match for their daughter in all aspects. However she did not seem to be happy with the marriage and in all probabilities, in a state of stress committed suicide," the Court concluded acquitting the accused. .[Read Judgment]