IMPORTANT POINT
In a case of dowry death prosecution has to rule out possibility of a natural or accidental death so as to bring it within purview of "death occurring otherwise than in normal circumstances".

JUDGMENT

Dr. AR. Lakshmanan, J.-This appeal is directed against the final judgment and order dated 14.3.1997 passed by the High Court of Rajasthan at Jaipur in S.B. Criminal Appeal No. 487 of 1996 whereby the High Court allowing the appeal held that the evidence adduced by the prosecution is not reliable and on the basis of such weak and unreliable evidence, the guilt of the respondents-accused cannot be proved successfully.

2. The short facts giving rise to the appeal are as follows:

On 5.5.1993, the deceased Suman aged 18 years was married to the respondent-accused Teg Bahadur in accordance with Hindu rites and ceremonies. After the Gauna ceremony was completed, deceased Suman was sent back to her maternal house by her in-laws and she complained to her parents that she had been sent back because she had not brought enough dowry with her. She also told them that she had been threatened not to return if she was unable to bring a Television, Cooler and money. However, after lot of discussions and negotiations with her in-laws, Suman was taken back by her in-laws. But the demand for dowry still persisted and within five months that Suman stayed in her maternal house, she was sent back to her matrimonial house three/four times and threatened to bring new dowry items every time. According to the prosecution, she was harassed, tormented and tortured by her in-laws, husband and other relatives and physically abused for bringing insufficient dowry in her marriage.

3. On 9.9.1994, at about 10.30 p.m. death of the deceased Suman took place in mysterious circumstances in the intervening night without assigning any logical or cogent reasons for her demise. Even before sunrise, the cremation ceremony was performed in a hasty manner without the parents of the deceased Suman being duly informed about the death of their daughter.

4. On 11.9.1994, the information about the death of their daughter Suman was received by the father of the deceased- Om Prakash PW-13 from their relative Chunilal PW-8, who was residing in Garhwalon Ki Dhani. Upon receiving this information, Om Prakash and Ganpat Ram left for the house of Ghanshyam i.e. grandfather of the respondent-accused, who told them that their daughter Suman died due to Haiza. But upon asking the neighbours they gathered altogether different information that their daughter had been killed mercilessly, being thrown in the well. An F.I.R. was lodged on 13.9.1994 by the father of the deceased - Om Prakash who was accompanied by a number of villagers. On the basis of the written report, F.I.R. was lodged and a case was registered under Sections 498-A, 302 and 202 IPC. The Investigation Officer PW-24 reached the place of incident and prepared the site plan of the well Ex.P-1 in the presence of witnesses - Radheyshyam and Lichman Ram. Rameshwar was made to go down the well from which one gold ear-ring, glass/lak bangle pieces and a metal clip was recovered and sealed then and there. The mud on the motor installed in the well was also taken along with the mud which was stuck on the sides of the well was also scraped and sealed and marked as Ex. P-4. Thereafter, the site plan of the place of incident was prepared and samples of plain earth and suspicious mud from the residential house of the respondent-accused were taken and sealed. In the presence of the witnesses, the remains of ashes and bones belonging to the deceased Suman were collected from the cremation place and sealed them there. During investigation, the statements of various witnesses were recorded under Section 161 Cr.P.C. Upon completion of investigation, charge sheet was filed against the respondents-accused Teg Bahadur, Ghanshyam and Smt. Singari under Sections 304-B, 498-A and 201 I.P.C. in the Court of Addl. Chief Judicial Magistrate, Navalgarh. On committal for trial, it was numbered as Sessions Case No. 7 of 1995.

5. The prosecution examined as many as 24 witnesses to prove their case. No witness was examined by the Defence side. Out of