IMPORTANT POINTS
Dowry death and presumption of guilt. False plea, effect.

JUDGMENT

Swatanter Kumar, J.-Learned Second Additional District Judge, Haridwar, vide its judgment dated 2nd December, 1996 held all the three accused, namely, Mukesh Bhatnagar, Rajesh Bhatnagar and Smt. Kailasho @ Kailashwati, guilty of an offence punishable under Section 304B of the Indian Penal Code, 1860 (IPC) for causing the death of Smt. Renu motivated by nonpayment of dowry demands and sentenced all of them to undergo life imprisonment. Against this judgment, the appellants preferred an appeal before the High Court. The High Court vide its judgment dated 14th October, 2009 dismissed the appeal of all the accused confirming the conviction and order of sentence passed by the learned Trial Court. Aggrieved therefrom, two of the accused have preferred separate appeals. Criminal Appeal No.851 of 2010 has been preferred by the accused Rajesh Bhatnagar while Criminal Appeal No.850 of 2010 has been preferred by Mukesh Bhatnagar. As both these appeals arise from a common judgment, we shall dispose of these appeals by this common judgment. The prosecution filed a charge sheet in terms of Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.). After completing the investigation and examining the witnesses, the investigating officer presented the charge sheet stating that these three appellants had committed an offence punishable under Section 304B IPC as together they had burnt, by pouring kerosene, Renu, the deceased wife of the accused Mukesh Bhatnagar, as she and her parents failed to satisfy their demands of dowry.

2. The facts, as they appear from the record of the case, are that Ms. Renu (deceased) was daughter of Smt. Vimla Devi Bhatnagar, widow of Rajbahadur, resident of Mohalla Kayasthwada, Sikandrabad, Police Station Bulandshahar. Vimla Devi had sought a marriage alliance for her daughter Ms. Renu. Finally, the mother of Ms. Renu and Mukesh’s family had agreed to alliance of marriage between Mukesh and Renu. When the engagement (sagai) ceremony was to be performed at the house of Mukesh, family of Ms. Renu along with their relations, Sanjay Bhatnagar, Shailendera Bhatnagar and others had gone to the house of Mukesh. At that time itself, Mukesh, his brother Rajesh and his mother Kailasho (all the accused) demanded a refrigerator as dowry. The mother and relations of the deceased expressed their inability to buy a refrigerator but their request brought no results and the accused family pressurized them to pay Rs.10,000/- for purchasing the refrigerator then and there. Upon persuasion by their own relations, the family of Ms. Renu paid a sum of Rs.10,000/- to Rajesh Bhatnagar for purchasing the refrigerator, whereafter the ceremony was performed. On 26th May, 1994, the marriage between the parties was solemnized as per Hindu rites at Roorkee. The family of Ms. Renu had come to Roorkee from Sikandrabad to perform the marriage at Roorkee to the convenience of the boy’s family. After performing the marriage, Ms. Renu went to her matrimonial home while her other family members came back to their house at Sikandrabad (Bulandshahar). Not even one and a half months of the marriage had elapsed but Mukesh is stated to have brought Renu to her parental home, where he informed her family that a television and a cooler had not been given as dowry in the marriage and these articles should be given immediately. If this was not done, he would not take Renu back to her matrimonial home. The members of Renu’s family tried to impress upon Mukesh not to pressurize them so much, but Mukesh persisted with his demands. At that time, Ms Renu also informed her family members that all the accused persons were beating her frequently for not bringing television and cooler as part of the dowry. However, left with no alternative, the mother and uncle of Ms. Renu assured Mukesh that everything would be settled and he need not worry. However, the television and cooler were not given at that time. The behavior of the accused towards Ms. Renu did