IMPORTANT POINT
Even if dowry death is established, presumption u/s 113-B cannot be stretched to implicate all and sundry.

Judgment :-

Madan B. Lokur, J.

1. The question for consideration is whether the appellant Bhola Ram was rightly convicted by both the Trial Court and the High Court for having caused the dowry death of Janki Devi, an offence punishable under Section 304-B and Section 498-A of the Indian Penal Code (IPC). In our opinion, Bhola Ram deserves an acquittal since there is no evidence inculpating him.

The facts:

2. Darshan Ram married Janki Devi on 30th June, 1986 after which they resided in Darshan Ram’s house in village Mehma Sarja. The couple has a female child.

3. At the time of their marriage, Janki Devi’s family gave dowry within their means to Darshan Ram and his family. But according to the prosecution, his brothers Parshottam Ram and Bhola Ram (the appellant) and his sister Krishna Devi and mother Vidya Devi demanded more dowry from time to time.

4. Janki Devi’s family was unable to fulfill the additional demands for dowry and, according to the prosecution, she was humiliated and cruelly treated by Darshan Ram’s family for their incapacity. Being unable to face the harassment, cruelty and humiliation meted out by Darshan Ram’s family, Janki Devi consumed poison and thereby committed suicide on 6th September, 1989.

5. About one and a half months before her death, a demand for Rs. 10,000/- was made by Janki Devi’s in-laws for the purchase of a car. Janki Devi’s father PW-2 Nath Ram borrowed this amount from PW-1 Nirbhai Singh for meeting the dowry demand. The amount was then handed over by him to Darshan Ram in the presence of other members of his family.

6. Unfortunately, Darshan Ram’s family was not fully satisfied with this payment. According to the prosecution, about a fortnight before her death, Janki Devi came to her father and told him that there was a further demand for an amount of Rs. 30,000/- for purchasing some articles for a service station proposed to be run by Darshan Ram and Bhola Ram. Thereupon, Nath Ram accompanied Janki Devi to her matrimonial home and informed Darshan Ram and the other accused that he would not be able to pay this amount. On this, Darshan Ram’s family informed him that he should pay the amount failing which he could take Janki Devi back with him. Nath Ram requested the family not to insist on the demand and left Janki Devi at her matrimonial home in village Mehma Sarja.

7. On 3rd September, 1989 PW-3 Des Raj, the brother of Nath Ram’s wife, informed Nath Ram about Janki Devi being ill-treated on account of Nath Ram’s inability to meet the additional demand for dowry. Again on 5th September, 1989 Des Raj informed Nath Ram that Janki Devi wanted to meet Nath Ram and was weeping in his presence.

8. On receiving this information, Nath Ram went to village Mehma Sarja along with his brother PW-4 Sukhdev Ram. When they reached the bus stand in the village they were informed that Janki Devi had consumed poison and had taken her life, having suffered more than enough cruelty at the hands of the family of Darshan Ram. Nath Ram and Sukhdev Ram then proceeded to Janki Devi’s matrimonial home and found her lying there but no one from Darshan Ram’s family was present in the matrimonial home.

9. Nath Ram then lodged a First Information Report (FIR) in Police Station Nehianwala. On the basis of the FIR PW-7 Manminder Singh prepared an inquest report in the presence of Sukhdev Ram. On the next day, that is 7th September, 1989 PW-5 Dr. Tirath Goyal performed an autopsy on the dead body of Janki Devi. He noted that froth was coming out from her nose and mouth. Her viscera were sent to the Chemical Examiner who reported that Janki Devi had died due to having consumed an organo phosphorus insecticide which was poisonous and sufficient to cause death in the ordinary course of nature.

10. On the basis of the above details and further investigations, a charge sheet was filed against Darshan Ram and four members of his family (including Bhola Ram) under Section 304-B and Section 498-A of the IPC for causing the dowry death of