 When on August 2020, when Sumana didn’t come for Raksha Bandhan her mother called

her so she said she was unwell due to covid situation. She sounded weak. When her
parents reached Jhadav’s residence in order to check on their daughter Karan told the, that
Sumana is going undergoing treatment and could not be disturbed or exposed to anybody
but his family due to covid, Karan do not even asked them to come inside not even asked
for a glass of water, knowing that they travelled there by changing 2 buses. When they
offered some small gifts and some sweets they told them rudely that they do not eat cheap
stuff. Mother-in-law of Sumana taunted them that instead of bringing these cheap things
they should have bought a car for Karan. This was the third time they mentioned the
demand of expensive gifts. They even asked them to offer them pay for the medical
expenses on Sumana during fertility treatment so that she could give them a male heir.
For the next few days they barely spoke to Sumana, neither she visited them. They
became more worried because every time they called her at home she either had a
headache or could not talk or she was sleeping. Every time got a chance to talk to her she
sounded terrible. Sumana told his parents that she was having trouble sleeping, and she is
still taking Clomid tablet for more than 5 months dr. only prescribed for 3 months. When
her mother and father reached Jadhav’s unannounced to check on their daughter’s health
on 5th Feb 2021.
It was Diwali 2020, and I contacted Malti to invite her and her husband's whole family
over for supper on Bhai-Dooj. She said it was impossible and then abruptly hung up on
me. Consequently, I called Karan and invited him and Sumana over for supper at our
place. Karan declined, explaining that he was hesitant to spend money on a cab for our
worthless daughter since we had not yet given him a bike or vehicle. This was the fourth
time they mentioned the demand of dowry. Her parents were shocked as at the time of
marriage proposal they said that they did not want anything from them they only want a
good daughter-in-law.
On 19th Dec 2020, Atul received a mail from Sumana that their in laws have taken her
phone away and Karan left his laptop when he went to work that’s why she was able to
talk to them and mentioned that, not to reply to this mail because she will delete this
email so that Karan doesn’t find out. She said she is being drugged and she is feeling
depressed. She said she is trying to talk to Karan for a long time but he refuses to believe
 ARGUMENT ADVANCED

 ACCUSED UNDER SECTION 304 (B) FOR DOWRY DEATH

1. It is humbly submitted that the accused is liable under 304(B) dowry death. The
evidences from the facts and post-mortem report indicate that the accused was
being harassed before her untimely death before 7 years of her marriage. The
chain of circumstances, post-mortem report and statement of witnesses has
proved this.
2. The chain of circumstances coupled with post-mortem and statement of witness
must be analysed in order to prove the offence. Prosecution was burdened with
major expenses of the weeding; prosecution also gave jewellery for the wedding
and small gifts.
The first mention of demand for money by the defence was demanded for giving
monthly financial contribution by Neelesh the deceased father because they have
a burden of taking care of Sumana. Also Jhadav’s were forcing Sumana to have
a child and they told her to leave her job and focus on having a child.
The second mention of demand of something on the part of defence was from
Karan in a conversation with Atul when he called him for taking permission for
letting Sumana stay for one night to spend time with her, he said that there
family only knew how to ask but not give and till date they have not giving
anything expensive car or bike. He also refused to let her stay for the night.
The Jhadav’s do not let Sumana’s parents to accompany her to the fertility clinic
they shouted at her and do not allow the same. This shows the controlling nature
of both Karan and Karan’s mother, they were controlling her life never let her
stay in her parent’s house.
The doctor they Dr. Chilaklar visited prescribed Clomid tablet for three months.
The doctor also asked whether she was taking any pills for any other purposes.
Sumana mentioned that she has Eczema and she takes Abrocitnib; the dr. warned
her in the presence of her mother-in-law that the pills taken together can cause
deathly effect to the body such as blood clots, heart attacks and pulmonary
embolisms. Despite of this her mother-in-law forces her to take both the pills as
she was the one who was taken care of her medicines.
 and says she is imagining. She mentioned that she wants to make Karan happy
and wanted to buy him a new car.
When 20th Dec 2020 her parents went to Jhadav’s they were not there waiting
for a while they asked their neighbours they told them that they went somewhere
with packed bags and Sumana was with them and was very weak and was
carried to the vehicle. We called several times on family member’s phone it was
either switched off or out of network.
On 29th Jan 2021 they got a call from Sumana, she sounded drugged. They were
not able to hear her voice properly; a female voice was talking to her and was
telling something to Sumana. And then the phone disconnected. And when her
mother called again her mother-in-law picked up the call and said she was
resting and that they have returned back.
They called Sumana every day thereafter but always Malti picked up the call,
never Sumana. She always told them Sumana was resting as she was unwell and
tired. So then they tried Karan’s phone but he always said he was busy at work
and he would call me back. He never called back. They decided to go to the
Jadhav’s house unannounced to check on their daughter’s health and therefore
on 05th February 2021, Their servant opened the door and therefore they were
able to enter the house and asked to see Sumana. She led them into the bedroom
and they saw Sumana lying in bed, listless and very feeble, but she looked
frightened on seeing us. Before they could inquire about her health and make
inquiries on why she was in this state, Malti entered the bedroom and shooed
them out on the pretext that Sumana’s doctor had told her to take complete bed
rest and she should not be stressed or harassed in any manner. They had no other
option but to leave.
And on 19th Feb 2021 Sumana died. This was the whole incident of harassment.

3. Section 304 under section IPC states that –

“(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.]”

“Dowry” meaning under section 2 of the Dowry Prohibition Act, 1961 (28 of
1961) –
—In this Act, “dowry” means any property or valuable security given or agreed
to be given either directly or indirectly—
(a) By one party to a marriage to the other party to the marriage; or
(b) By the parent of either party to a marriage or by any other person, to
either party to the marriage or to any other person,
At or before 1 [or any time after the marriage] 2 [in connection with the
marriage of the said parties, but does not include] dower or mahr in the
case of persons to whom the Muslim Personal Law (Shariat) applies. 3
Explanations II. The expression “valuable security” has the same meaning
as in section 30 of the Indian Penal Code (45 of 1860).\
4. Accused is guilty under the section clause 1 of the 304B of the IPC it fulfils all
the essentials – untimely death before 7 years of marriage, harassment or cruelty
incidence before death, or in connection with the dowry related incidence. In this
case there was involvement of both her husband and mother in law as been
expressed in the facts and statement of witnesses.
In Shanti v. state of Haryana – A careful analysis of s. 304B shows that this
section has the following essentials: (1) The death of a woman should be caused
by burns or bodily injury or otherwise than under normal circumstances; (2)
Such death should have occurred within seven years of her marriage; (3) She
must have been subjected to cruelty or harassment by her husband or any relative
of her husband soon before her death; (4) Such cruelty or harassment should be
for or in connection with demand for dowry. This section will apply whenever
the occurrence of death is preceded by cruelty or harassment by husband or in -
laws for dowry and death occurs in unnatural circumstances. The intention
 behind the section is to fasten guilt on the husband or in - laws though they did
not in fact caused the death.
A person is innocent until proven guilty. Criminal law rarely uses deeming
fiction. In contrast, the lawmakers deemed section 304B fictitious. When other
section 304B criteria are met, the spouse or all relatives are considered to have
caused her death. The crime is deemed committed by legal fiction. Once the
prosecution shows the fundamental ingredients of section 304B, the court will
conclude the husband or relatives complained of caused her death. The court can
draw such a presumption based on the prosecution's evidence in support of
section 304B of the Code1. Considered fiction would introduce a rebuttable
presumption, which the spouse and his relatives can rebut by arguing that section
304B's elements were not met. By declaring fiction, the accused must prove how
the deceased died. The accused must prove that the deceased didn't die from
cruelty or dowry demand. The court must presume the appellant committed the
304B offence.
5. Section 113B of Evidence Act, 1872 - Along with adding section 304B to the
IPC, 1860, the legislature also added section 113B to the Evidence Act, 1872,
which states that if it can be proven that a person was responsible for a woman's
death due to dowry demands and that the woman had been subjected to cruelty
or harassment by that person shortly before her death, the court will assume that
person was responsible. If section 304B, IPC, 1860 and section 113B of the
Evidence Act, 1872 are read together, a complete picture shows that if a married
woman dies involuntarily at her matrimonial home within seven years of her
marriage and there are allegations of cruelty or harassment against such a
married woman for or in connection with demand for dowry by the husband or
relatives of the husband, the case would squarely fall under "dowry death," and
there shall be a presumption that the When a person's involvement in a woman's
dowry death is disputed and it is demonstrated that the woman was exposed to
cruelty or harassment by the person in question prior to her death because of or
in connection with any dowry demand, the Court will assume that the person was
responsible.

 ACCUSED UNDER THE OFFENCE OF SECTION 302 OF THE IPC

1
Ashok Kumar v. State of Haryana 2010 (12) SCC 350
1. In Rajbir v State of Haryana, - “a two-Judge Bench of the Supreme Court
directed all trial Court to ordinarily add section 302 to the charge of section
304B, so that death sentences can be imposed in such heinous and barbaric
crimes against women.”
The Supreme Court has clarified the direction in Rajbir by observing that –
“Be that as it may the common thread running through both the orders is that
this Court had in Rajbir’s case directed the addition of a charge u/s. 302 IPC to
every case in which the accused are charged with s. 304-B. That was not, in our
opinion, the true purport of the order passed by this Court. The direction was not
meant to be followed mechanically and without due regard to the nature of the
evidence available in the case. All that this Court meant to say was that in a case
where a charge alleging dowry death is framed, a charge u/s. 302 can also be
framed if the evidence otherwise permits.”
2. By this case the conviction under 304(B) means conviction under 302 can also
be framed so we will see the section 302 briefly–
Section 302 of Indian Penal Code – “Whoever commits murder shall be punished
with death, or 1[imprisonment for life], and shall also be liable to fine.”
The penalties for murder are outlined in Section 302 of the Criminal Code. It
specifies as a punishment either the death penalty or life in prison together with a
fine. The court must sentence a murderer convicted under section 302 to death or
life in prison. The court can't reduce sentences.
As S.302 parent section is S.300 as it deals and defines murder under the
relevant section.
3. Section 300 of IPC –
“Except in the cases hereinafter excepted, culpable homicide is murder, if the act
by which the death is caused is done with the intention of causing death, or—
Secondly.—If it is done with the intention of causing such bodily injury as the
offender knows to be likely to cause the death of the person to whom the harm is
caused, or—
Thirdly.—If it is done with the intention of causing bodily injury to any person
and the bodily injury intended to be inflicted is sufficient in the ordinary course
of nature to cause death, or—
 Fourthly.—if the person committing the act knows that it is so imminently
dangerous that it must, in all probability, because death or such bodily injury as
is likely to cause death, and commits such act without any excuse for incurring
the risk of causing death or such injury as aforesaid.”
An enhanced version of the definition of responsible homicide can be found in
this part of the article. To qualify under any of the four provisions, the conduct
that results in death must be done knowingly or intentionally with the ability to
foresee that death will occur. Murder can occur without premeditation. A
conviction under section 302, IPC, 1860, requires knowledge that a conduct
would cause death.
4. The administration of both the pills by the mother-in-law to Sumana was
intentionally causing bodily harm of such nature which she knew would lead to
death of a Sumana. This completes all the essentials of the said murder. She
knew that administration of both the pills Eczema and Abrocitnib to Sumana will
lead to serious damage to the system and will create blood clots, brain
haemorrhages which will lead her to death. The knowledge of such
consequences, irrespective of which she administered the pills to Sumana she
intentionally done the offence of murder she will be liable for murder.

 ACCUSED UNDER THE SECTION 498A OF THE INDIAN PENAL CODE

FOR DOMESTIC VIOLENCE

1. SECTION 498A –
“Whoever, being the husband or the relative of the husband of a woman, subjects
such woman to cruelty shall be punished with imprisonment for a term which
may extend to three years and shall also be liable to fine. Explanation.—For the
purpose of this section, “cruelty” means— (a) any wilful conduct which is of
such a nature as is likely to drive the woman to commit suicide or to cause grave
injury or danger to life, limb or health (whether mental or physical) of the
woman; or (b) harassment of the woman where such harassment is with a view
to coercing her or any person related to her to meet any unlawful demand for
any property or valuable security or is on account of failure by her or any
person related to her to meet such demand.]”
2. This section domestic violence includes both physical as well as metal harm.
Any person who subjects his wife to such physical or mental harm than he will
be liable for the domestic violence under this section.
3. In this case Karan and his mother-in-law subject Sumana with both physical as
well as mental harm. The mental harm suffered by Sumana - not allowing her to
talk to his family members not allowing her to meet with her parents and not
allowing her to socialize with anyone. Pressure of having a son as mother-in-law
mentions that the Sumana was not worth his son and she can only redeem herself
in front of the family by giving Karan a son. Repeated demand of dowry on
various incidents Karan and Karan’s mother demanded expensive gifts and also
mentioned that Sumana’s parents must pay a monthly remuneration as they are
burdened with the expense of Sumana.
4. Physical harm suffered by Sumana – the physical condition mentioned in the
post-mortem shows how she was being treated she was very thin and
malnourished and also she had various new red rashes in her hand and scar on
her chin. With these fresh rash wounds along with broken glass pieces and red
stain on the towel found in the bathroom may create and incidence that her
mother-in-law forced the pills of Eczema and she takes Abrocitnib together
which caused the blood coughing and eventually causing blood clots and brain
haemorrhages which are the consequence of taking both the pills together and
caused her death.
5. Both these incidence shows that the mental as well as physical harm was intent
which caused the death of Sumana. All the essentials of section 498A are being
fulfilled which leads to conviction of the accused under this section.