IMPORTANT POINTS
Merely because a different view can be taken on re-appreciation of evidence by appellate court is not a ground to reverse order of acquittal.
Ingredients of section 304B, IPC discussed and applied.

JUDGMENT :

K.M. JOSEPH, J.

1. The appellant in Criminal Appeal No. 1475 of 2009 is the first accused and the appellant in Criminal Appeal No. 1476 of 2009 is the second accused. They were charged under Sections 306 read with Section 34 and Section 304B read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’ for short). The first accused is the son of the second accused.

2. It is the case of the prosecution in brief that the first accused used to treat his wife with cruelty on account of dowry demand. The same allegation was made against his father- second accused. It is also alleged that his father wanted to fulfil his lust with his daughter- in-law. She did not agree. The accused tortured her and gave her beating. The daughter- in-law committed suicide by burning herself on 05.06.1991. After complying with the formalities, the charge-sheet was filed against the accused. Prosecution examined nine witnesses and produced 17 documents. The Trial Court came to the conclusion that the prosecution failed to prove the case against both the accused. They were accordingly acquitted. Reliance is in particular placed on certain letters.

3. The appeal carried against their acquittal by the State was allowed by the High Court by the impugned order. The appellants were convicted under Section 304B read with Section 34 of the IPC. It was, however, found that offence under Section 306 read with Section 34 of the IPC was not made out against the appellants. The appellants were sentenced to seven years rigorous imprisonment.

4. We have heard learned counsel for the appellants and learned counsel for the State.

5. Learned counsel for the appellants would submit that no case is made out under Section 304B read with Section 34 of the IPC. He would submit that the High Court has reversed the verdict of acquittal and convicted the appellants ignoring the fact that the prosecution witnesses were unreliable. Prosecution witnesses, it is complained, have improved their version while they gave evidence in the witness box. Contradictions emerging from their previous statements under Section 161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.PC for short), demonstrated that their testimony in court, which is relied upon by the High Court, could not be the basis for reversal of acquittal. Reliance is placed on certain letters as well.

6. We have also heard the learned counsel for the State who supported the judgment by pointing out that there was evidence to justify the conviction.

7. Before we consider the evidence, it is apposite that we set out the following findings rendered by the High Court:

“22.........Just before her death and after 5-6 months of her marriage, respondents-accused Girish Singh and Jodh Singh harassed the deceased Ishwari Devi for getting T.V. and V.C.R. in dowry and by non-fulfilling the demand of dowry, they were continuously beating her. Respondent-Jodh Singh also harassed her by saying her to provide him liquor in the glass and after taking liquor in the state of intoxication, he was asking her to sleep with him. On her refusal, she was subjected to mental cruelty. PW-4 Ganesh Singh has specifically stated that after coming back from Mumbai, he came to know that respondent- accused Jodh Singh after taking the liquor was trying to commit rape with Ishwari and also used to harass her for T.V. and V.C.R. due to which his daughter Parvati Devi, PW-2 Smt. Laxmi Devi, PW-3 Smt. Anandi Devi, PW-4 Ganesh Singh and PW-5 Yasodh Singh, it is proved beyond reasonable doubt by the prosecution that Ishwari Devi was harassed for the demand of T.V. and V.C.R. in dowry by the respondents after 5-6 months of marriage and they were continuously making demand of dowry just before her death.........Therefore, in view of the aforesaid discussion, it is proved that deceased Ishwari Devi died an unnatural death within 1½ years of her marriage in the house of respondents where she was residing along wi