The High Court concurred with the findings of the trial court and held all three accused guilty of dowry death based on circumstantial evidence that linked the death of Fulwa Devi to dowry demands and harassment by the accused. The deceased Fulwa Devi had gone missing from her matrimonial home and her decomposed body was later found in the river.

The court rejected the accused’s defence and held that the circumstantial evidence, including the failure to explain her disappearance, implicated the accused in the crime. The court explained that four pre-requisites must be met to convict the accused for an offence punishable under Section 304B IPC, which is related to dowry death. The court also referred to Section 113B of the Indian Evidence Act, which provides a presumption relating to dowry death.

PARVATI DEVI
v.
THE STATE OF BIHAR NOW STATE OF JHARKHAND & ORS.
(Criminal Appeal Nos. 574 of 2012)
DECEMBER 17, 2021

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.