IMPORTANT POINT
In absence of specific allegation of dowry demand, section 304-B is not attracted.

JUDGMENT

Madan B. Lokur, J. –

1. The question before us is whether the appellants are guilty of an offence punishable under Section 304-B or under Section 306 of the Indian Penal Code (IPC). In our opinion, they are guilty of an offence punishable under Section 306 of the IPC.

The facts

2. Manju and her sister PW-5 Sunita, were married on 17th May, 1993 to Satbir and his brother Sukhbir respectively. PW-4 Ram Kishan, the father of the two brides spent a considerable amount on the wedding, beyond his means, and also gave several articles in dowry. However, the parents of Satbir and Sukhbir that is Karan Singh (father) and Mukhtiari (mother) were apparently not satisfied with the dowry.

3. According to the prosecution Karan Singh and Mukhtiari would often harass and beat Manju and Sunita and demand some more dowry. It was alleged that Manju and Sunita were also turned out from their matrimonial home on some occasions.

4. Sometime in August, 1994 Manju gave birth to a baby boy and her father Ram Kishan again spent some money on the occasion and gave gifts. Unfortunately, however, within ten days thereafter Manju and Sunita were turned out from their matrimonial home. They informed Ram Kishan that they were being harassed and demands were being made for dowry. On this, Ram Kishan called and spoke to Satbir and Sukhbir and persuaded them to take Manju and Sunita back in their matrimonial home, which they did. However, according to the prosecution there was no change in the behaviour of Karan Singh and Mukhtiari.

5. At this stage, it may be noted that Manju and Sunita made no allegations regarding dowry demands by their respective husband. The demand for dowry and allegations of harassment were made only against Karan Singh and Mukhtiari.

6. On or about 10th December, 1995 Sunita was given a beating and turned out of the matrimonial home. However, Manju stayed back in the matrimonial home in village Raiya.

7. On 13th December, 1995 at about 4.00 p.m. Manju consumed or was made to consume some poison. She was then taken to the Community Health Centre in Jhajjar and thereafter referred to the Medical College and Hospital (MCH) at Rohtak.

8. At about 6.30 p.m. on 13th December, 1995 a rukka (Exh. PL) was sent by the Community Health Centre at Jhajjar to the Station House Officer, Police Station, Jhajjar.

9. Manju was taken to the MCH at Rohtak by her husband Satbir and was examined at about 8.15 p.m. The doctor in Rohtak then sent another rukka (Exh. PH) to the Police Post, MCH at Rohtak at about 9.30 p.m. along with a medico-legal report.

10. PW-9 ASI Raj Kumar, the Investigating Officer had, in the meanwhile, received the first rukka (Exh. PL) but since he was busy in connection with another case, he went the next day on 14th December, 1995 at about 8.00 a.m. to Rohtak where he picked up the rukka (Exh. PH) and the medico-legal report from the concerned Police Post in Rohtak. He then went to the emergency ward in the MCH and learnt that at about 2.00 a.m. (early morning of 14th December, 1995) Manju had expired. According to Raj Kumar no one from her family was present at the spot and therefore the dead body was placed in the dead house. Raj Kumar conducted inquest proceedings on 14th and 15th December, 1995. During the inquest proceedings on 15th December, 1995 Ram Kishan met Raj Kumar at Rohtak and his formal statement was recorded only at about 5.30 p.m. and a First Information Report (FIR) was registered under Section 304-B of the Indian Penal Code.

11. After carrying out investigations Raj Kumar arrested Karan Singh and Mukhtiari on 26th December, 1995 and subsequently a charge sheet was filed against them alleging offences punishable under Sections 304-B and 498-A of the IPC.

Decision of the Trial Court

12. The Trial Judge hearing the case delivered his judgment and order on 12th February, 1997 and acquitted Karan Singh and Mukhtiari. The two principal grounds on which they were acquitted were that there was an unexplained delay in lodging t