Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insufficient, warranting acquittal if foundational facts unproved.

JUDGMENT :

At the outset, it is submitted that appellant no. 1 has died during pendency of present appeal and, therefore, the present appeal stands abated against her.

2. Now this appeal survives only against appellant no. 2, namely, Tannu Jha.

3. The present appeal preferred under section 374(2) of the Code of Criminal Procedure, 1973 (in short the “Cr.P.C.”) by appellant/convict against judgment of conviction and order of sentence dated 03.01.2010 and 08.01.2019 passed by the Presiding Officer, Fast Track Court No-II, Madhubani in Sessions Trial No. 334 of 2005/105 of 2018, arising out of Bisfi P.S. Case No.67 of 2004, corresponding to G.R. No. 823 of 2004, whereby and whereunder appellant/convict has been convicted for the offences punishable under Section 304(B)/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven (7) years.

4. The brief case of prosecution, as it appears from the fardbeyan of the informant/PW-10 namely, Amrendra Jha @ Pappu Jha, is that marriage of his sister solemnized with Chandan Jha of Village Chahuta on 28.04.2003. At the time of marriage, gift was given by his father according to his financial capacity. After the Bidagiri ceremony, the deceased accompanied her husband to Calcutta. It is alleged that while residing at Calcutta, the accused persons subjected the deceased to cruelty and harassment in connection with additional dowry demands. Subsequently, a Panchayati was convened in order to resolve the dispute and to persuade the husband and his family members. Thereafter, the father-in- law is stated to have performed the Bidagiri ceremony and taken the deceased back, leaving her at Village Chahuta in the company of her grandmother-in-law. In the meantime, the Nanad (sister-in-law), mother-in-law and father-in-law of the deceased allegedly demanded a sum of Rs. 50,000/-, along with a refrigerator and a motorcycle, as additional dowry, stating that only upon fulfillment of the said demand, they would take the deceased back to her matrimonial home. It is further alleged that when the mother-in-law and Nanad of the deceased came to Village Chahuta, the informant (PW-10) was intimated by his maternal uncle (PW-1) that they had called him for talks. Accordingly, on 13.06.2004 at about 7:00 P.M., the informant reached Village Chahuta, where the deceased disclosed to him that if aforesaid demands were not fulfilled, she would be done to death. The informant returned to his village the following morning. On the same day, at about 1:30 P.M., he received information from his maternal uncle (PW-1) that Parmila Jha and Tannu Jha had killed his sister by setting her on fire. Upon receipt of the said information, the informant proceeded to Village Chahuta alongwith his friend and found the dead body of his sister lying in the northern room of the house.

5. On the basis of aforesaid fard-e-beyan of the informant, Police drawn First Information Report and registered Bisfi P.S. Case No. 67 of 2004 on 14. 06. 2004 under section 304(B), 34 of I.P.C. against accused persons.

6. Police recorded statement of informant under section 164 of Cr. P. C, and after concluding investigation, submitted Charge Sheet in two sets finding the occurrence true against all the four accused persons on the basis of which cognizance was taken by the learned C.J.M., Madhubani on 21.08.2004,