IMPORTANT POINT
The time period after marriage is essential ingredient for invoking Section 304B, IPC.

Judgment

KURIAN, J.:

1. Close to be called a centenarian, the appellant is before us challenging the conviction and sentence under Sections 498A/304B of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC').

2. Appellant is the second accused in Sessions Case No. 41/1991 on the file of Additional Sessions Judge, Amritsar. First accused is his son. The prosecution case as succinctly summarized by the High Court in the impugned judgment is extracted below: "Harjit Kaur, daughter of Mohinder Singh was married with Mohan Singh accused. Mohinder Singh along with Hari Singh Sarpanch, who was his brother from the brotherhood, had gone to village Gharyala to see his daughter Harjit Kaur because the in-laws of Harjit Kaur were in the habit of picking up quarrels with her for bringing less dowry.

The in- laws of Harjit Kaur used to pressurize her to bring scooter, refrigerator and cash from her parents. On her failure to do so, they after conspiring with each other, threatened to kill her by giving some poisonous substance. Gurdip Singh, father-in-law of Harjit Kaur, on many occasions told Harjit Kaur that in case she failed to bring the above said articles before Rabi crop, then after murdering her, he will re-marry his son. This fact was disclosed to Mohinder Singh by Harjit Kaur on many occasions but he ignored the same with the hope that Harjit Kaur may settle in her in-laws house.

The prosecution story further is that on 6.4.1990, Mohinder Singh along with Hari Singh had gone to the residential farm house of Mohan Singh accused here the dead body of Harjit Kaur was lying on the ground. No one was present in the house. Mohinder Singh suspected that his daughter Harjit Kaur had consumed some poisonous substance out of frustration or the accused have murdered her by administering her some poisonous substance. Hari Singh was deputed to look after the dead body. Mohinder Singh made his statement before the police on 6.4.1990 on the basis of which the present case was registered.

The investigation in the case was conducted and after the completion of investigation, challan was presented against the appellants in the Court. The accused were charge-sheeted under Sections 498-A/304-B IPC to which they pleaded not guilty and claimed trial. To substantiate the charge against the accused, the prosecution examined PW-1 Mohinder Singh, PW-2 Hari Singh, PW-3 Gurcharan Singh, PW-4 Rishi Ram, PW-5 ASI Gulbag Singh, PW-6 Harbhajan Singh, PW-7 SI Amrik Singh and PW-8 Dr. Ram Krishan Sharma."

3. The Sessions Court convicted both the accused under Section 498A of IPC for rigorous imprisonment for a period of two years and fine of Rs.500/- each and, in default of payment of fine, for another three months, and under Section 304B of IPC for rigorous imprisonment for a period of ten years and fine of Rs.500/- each and, in default of payment of fine, for another three months. The sentences were ordered to run concurrently. The High Court, in appeal, maintained the conviction but reduced the sentence under Section 304B of IPC to seven years rigorous imprisonment and confirmed the rest.

4. It is reported that the husband-first accused Mohan Singh is no more.

5. "Dowry death" in the Indian Penal Code was introduced under Section 304B as per Act 43 of 1986. Under the said provision, if a married woman dies,

i. on account of burns or bodily injury or dies otherwise than under normal circumstances,

ii. such death occurs within seven years of marriage,

iii. it is shown that she was subjected to cruelty or harassment by her husband or any relative,

iv. such cruelty or harassment be soon before her death and

v. such cruelty or harassment by the husband or his relative be or for or in connection with demand for dowry, such death is called dowry death under Section 304B of IPC and the husband or relative shall be presumed to have caused the dowry death. Section 498A of IPC deals with the offence of cruelty by the husband or relative.

If a married woman is subjected t