IMPORTANT POINT
Expression ‘soon before’ occurring in section 304B, IPC and 113B, Evidence Act is not defined. It depends upon facts of the case.

JUDGMENT

M.Y. Eqbal, J.

This appeal by special leave is directed against the judgment and order dated 17th February, 2010 of the High Court of Punjab and Haryana in Criminal Appeal No. 1006-SB of 1998 whereby learned Judge of the High Court dismissed the appeal preferred by the appellant challenging the judgment of conviction/sentence passed by the trial court.

2. The prosecution version in a nutshell is that marriage of Manju Bala was solemnized with Dinesh, appellant-accused about four years before her death. Dowry in accordance with their financial capacity was given by her parents at the time of marriage. However, appellant and his two brothers, namely Vinod Kumar and Rakesh, were not satisfied with the dowry and started harassing her for not bringing dowry to their satisfaction. Although, mediators also requested accused persons not to harass the deceased Manju Bala, their requests fell flat. It has also been alleged that the accused persons, appellant and his two brothers, did not permit the parents of Manju Bala to meet her for the past several months prior to the death.

3. Manju Bala was carrying a pregnancy of about eight months when accused Vinod went to the house of her parents on the fateful day i.e. on 7.6.1994 and informed them that Manju Bala was seriously ill. When Manju Bala’s father Ram Naresh and brother Raman were going to the house of accused persons for seeing her, they noticed accused Dinesh and his mother carrying Manju Bala in a tractor to Civil Hospital Fatehabad. Driver of the tractor ignored their signal to stop tractor. On arriving at Civil Hospital, they learnt that Manju Bala had died before reaching the Hospital. Munni Bai – mother of the deceased suspected that her daughter was murdered by her husband Dinesh and his brothers, namely Vinod and Rakesh, for not satisfying their demand for dowry. On her statement, FIR No.441 dated 8.6.1994 under section 498-A and 304-B, Indian Penal Code (in short ‘IPC’) was registered in the Police Station, Fatehabad and all the three accused were arrested. On finding a prima facie case under aforesaid sections, the accused persons were charge sheeted.

4. In order to prove its case, the prosecution examined nine witnesses and closed the evidence. Factum of marriage between Manju Bala and Dinesh was admitted when the accused persons were examined under Section 313, Cr.P.C. However, it was denied that Manju Bala was ever harassed for bringing dowry. Accused controverted the allegations and claimed that they had good relations with Manju, who at the time of first delivery developed complication and child died. Thereafter, when she was about to deliver child, she again developed complication and resultantly she died. During trial, the accused examined three witnesses in their defence.

5. The Trial Court after concluding the trial found the charge under Sections 498-A and 304-B, IPC framed against accused Dinesh proved. The Trial Court opined that the prosecution failed to prove the charges under aforesaid sections against the other two accused Vinod and Rakesh and accordingly acquitted them of the charge. The Additional Sessions Judge convicted Dinesh and sentenced him to undergo RI for one year under Section 498-A and to pay a fine of Rs.500/-. In default of payment of fine, the accused-appellant was further directed to undergo RI for six months. He was further sentenced to undergo RI for ten years under Section 304-B, IPC. Both the sentences were ordered to run concurrently.

6. Aggrieved by the judgment and order of the Trial Court, appellant approached the High Court preferring Criminal Appeal No. 1006 of 1998. After hearing learned counsel for the parties and going through the essential ingredients of Section 304-B, IPC, learned Judge of the High Court dismissed the appeal observing that there is evidence with regard to the factum of persisting demand of dowry and on account of failure to meet the demand for dowry, Manju Bala was compelled to commit suicide within a peri