The need for corroboration from independent witnesses and the requirement to prove charges beyond reasonable doubt in cases of dowry harassment and cruelty.

Rajendra Prasad, J.

1. This criminal appeal is directed agains the judgment and order dated 23.12.2002 passed by Shri Gopal Krishna Jha, learned Additional Sessions Judge, IX, Munger in Sessions Case No. 55 of 1992/Tr. No. 25 of 2002 whereby and whereunder appellant no. 2, Inderdeo Choudhary @ Indradeo Prasad Choudhary was convicted and sentenced to undergo rigorous imprisonment for ten years under section 304B IPC and rigorous imprisonment for two years, under section 498A IPC and appellant no. 1, Bhudeo Choudhary @ Bhudeo Kumar Choudhary was convicted and sentenced to undergo rigorous imprisonment for seven years, under section 304B IPC and rigorous imprisonment for one year under section 498A IPC and sentence against both the appellants were ordered to run concurrently. It also appears that other co-accused Lata Kumari, Paro Kumari and Gauri Kumari were tried along with the appellants and held guilty were not awarded any substantive sentence and released taking into consideration the fact that all these three accused on the alleged date of occurrence were juvenile.

2. The prosecution story, in short, is that, Sita Devi (deceased) daughter of informant, Uma Devi (P.W. 2) was married with appellant no. 1 Inderdeo Choudhary of village Chhoti Mirzapur in June, 1989. After marriage Sita Devi (deceased) spent one to two months in matrimonial home peacefully and thereafter she was subjected to various kinds of torture by mother-in-law, Sister-in-law, Brother-in-law Bhudeo Choudhary (appellant no. 1) and husband Inderdeo Choudhary (appellant no. 2). Whenever deceased came to her parents house and whenever brother of deceased Mahesh used to visit the matrimonial house of Sita she used to inform about she was being tortured by in-laws. P.W. 2, Uma Devi, the informant, used to pursuade Sita (deceased) to maintain good relation at matrimonial house. It is further alleged that the appellants and other co-accused, who are in-laws of deceased began to torture deceased for less dowry and for her being not beautiful by passing remarks against her. Appellant No. 2 Inderdeo Choudhary also demanded Rs. 10,000/- through deceased but the informant gave only Rs. 5,000/- in February, 1999. Appellant No. 2, Inderdeo Choudhary did not satisfy and began to press for remaining Rs. 5,000/-. The informant went to Gajandi in Hazaribagh district where her husband Sukhdeo Choudhary was working with assurance and promising Inderdeo Choudhary that she would pay the balance Rs. 5,000/- after making arrangement. On 2.4.1991 when deceased was burnt at matrimonial house then her son went to Gajandi and informed her about the occurrence that the accused persons burnt Sita Devi. On receiving such information she came to Munger on 4.4.1991 and went to Munger Sadar hospital where Sita Devi was admitted for treatment. She saw that Sita Devi was brutaly burnt. When she asked about the occurrence from Sita Devi (deceased) then Sita Devi told her mother that

"MAA TUM KUCH KARWAI NAHI KAROGI, UNKO JO KARNA THA SO KAR HI DEEYAI, MAI TO MAR HI RAHI HOO MERE BACHE KO APNE PASS RAKHKAR USKA DEKHBHAL KAROGI ANYATHA USKO BHI WAIH LOG MAR DALENGE"

Later on Sita died in the night of 5.4.1991. It is also alleged that wrist and palm of both hands of Sita was not burnt nor any sign of burn was present.

3 However, U.D. Case No. 73 dated 2.4.91 (marked Ext. 1) was registered by the police, which was registered on the basis of fardbeyan of deceased (Sita Devi) recorded by A.S.I. at 11.15 hour at Sadar Hospital, Munger. The police began to investigate the U.D. Case and in course of investigation the police prepared the inquest report and also obtained post mortem report. Thereafter the informant went to lodge the case but the same was not entertained and as such she approached the Dy. S.P. Town on whose endorsement the present case has been registered by the police and began investigation in the light of allegations contained in the written report, Ext. 1.

4. On the basis of th