IMPORTANT POINT
Once ingredients u/s 304B IPC are satisfied presumption u/s 113-B Evidence Act would follow but presumption is rebuttable.

JUDGMENT

Dr. AR. Lakshmanan, J.-These appeals are directed against the impugned judgment and order dated 30.05.2003 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 161-SB of 2001. The High Court dismissed the said appeal of the appellant and confirmed the sentence of ten years rigorous imprisonment awarded by the Sessions Judge, Ludhiana but enhanced the fine from Rs. 2000/- to Rs. 2,00,000/- in Criminal Revision No. 1251 of 2001 filed by the complainant against the appellant.

Briefly stated, the case of the prosecution is as follows:

2. The marriage between Seema, daughter of Ramesh Chander Bansal, PW-1 and the appellant-accused, Arun Garg took place on 25.02.1996. According to the prosecution, she died under very tragic circumstances on 30.03.1999, that is, within three years of her marriage with the appellant. The appellant was alleged to have administered aluminium phosphide causing unnatural death of the daughter of the respondent and thus the appellant was liable for the offence under Section 304B of the Indian Penal Code. At the time of marriage, household articles, clothes, gold etc. and cash amount of Rs. 2,00,000/- was also given in dowry. However, few days after the marriage, Seema started complaining that her husband, Arun Garg, father-in-law, Sham Lal Garg and mother-in-law, Shimla Garg were not satisfied with the dowry given to her at the time of her marriage and all of them often used to taunt her on the ground that she had not brought sufficient dowry at the time of her marriage. It was further submitted that on 10.04.1996, Seema telephoned the respondent herein that her father-in-law and mother-in-law were making a demand for Rs. 40,000/- and thereupon the respondent accompanied by Parkash Chand and Sohan Lal who had arranged the marriage of Seema with Arun Garg went to the house of Arun Garg. Thereupon, on the insistence of Parkash Chand and Sohan Lal, the respondent purchased household articles worth Rs. 20,000/- and supplied the same to the family of Arun Garg. It is the case of the prosecution that since February 1997, the appellant and his parents did not allow Seema to see her parents and had not allowed her to visit their house. When the parents went to see Seema at the house of her in-laws on the eve of Teej festival, Seema told them that her husband, father-in-law, mother-in-law and sister-in-law Neena used to ill-treat her and often made a demand for more cash. There are other instances on 22.02.1999 and on 26.03.1999 of demanding dowry. On 26.03.1999, Seema telephoned the respondent herein that her husband, father-in-law, mother-in-law and sister-in-law were planning to kill her. The respondent, who is a government servant, could not, however, obtain leave from the office and go to see Seema at the house of her in-laws.

3. On 28.03.1999, at about 6.00 p.m., the respondent received information that her daughter Seema had been administered some poisonous substance by her husband and in-laws and sister-in-law Neena and that she had been admitted in the Dayanand Medical College, Ludhiana. The respondent accompanied by his wife immediately rushed to the hospital and found that Seema was unconscious and her condition was found to be serious. The respondent thereafter went to the police station and lodged an FIR on the same day which was registered as FIR No. 139 of 1999 under Section 307 read with Section 34 of the Indian Penal Code, against Arun Garg, his father, Sham Lal Garg, mother Shimla Garg and sister Neena. On the same day, i.e., 28.03.1999, police made an application for recording the statement of Seema, which was declined as she was declared medically unfit to make the statement. Police again made an application for recording the statement of Seema on 29.03.1999 which was also declined as Seema was not medically fit to make the statement. Unfortunately, Seema died in the hospital on 30.03.1999.

On the death of Seema, the case was converted into one under Section 304B