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 su