The main legal point established in the judgment is the requirement for clear and cogent evidence to establish the offence of dowry death, emphasizing the need for minute scrutiny of evidence, especially from close relatives, and the importance of a proximate and live link between cruelty and death.

1. Challenge in this appeal is the legality and propriety of the judgment of conviction and order of sentence dated 3.8.2007 passed by the First Additional Sessions Judge, Bilaspur, in Sessions Trial No.21/2007 whereby and whereunder learned First Additional Sessions Judge after holding the appellants guilty for the offence punishable under Section 304B of the Indian Penal Code for commission of dowry death sentenced them to undergo rigorous imprisonment for 10 years.

2. Judgment of conviction and order of sentence is challenged on the ground that without there being any evidence of torture and cruelty soon before the death of the deceased, learned Court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

3. Case of the prosecution, in brief, is that deceased Neera Tiwari was married to appellant No.1 Shailendra Kumar and appellants No.2 and 3 are father-in-law and mother-in-law of the deceased. Marriage between the deceased and appellant No.1 was performed on 30.5.2006 in Ratanpur Mahamaya Temple. She committed suicide in the house of the appellants by pouring kerosene upon her and setting herself on fire on 9.8.2006. Merg intimation was recorded vide Ex.P/9 at the instance of appellant No.2 on 10.8.2006. Father of the deceased also lodged written compliant vide Ex.P/2 in which it has been mentioned that the appellants have demanded dowry, committed cruelty and torture upon her daughter and as a result of such torture and cruelty, she committed suicide. After summoning the witnesses vide Exs. P/1 and P/4, inquest over the dead body was prepared vide Ex.P/3. Plastic container, burn piece of clothes, broken pieces of bangles and match stick were recovered from the spot vide Ex.P/5. Death body was sent for autopsy vide Ex.P/7. Autopsy was conducted by Dr.Vijay Kumar Verma vide Ex.P/6. Smell of kerosene was coming from dead body, burn injuries were found. Brain membrane was congested, carbon particles were present incise brochia and lungs. Burn was ante-mortem and cause of death was shocked as a result of excessive burn and toximiya. Accused were arrested vide Exs.P/8, P/10 and P/11. Spot map was prepared by patwari vide Ex.P/13. F.I.R. was lodged vide Ex.P/16. Investigating officer has also prepared spot map vide Ex.P/17.

4. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short `the Code'). After completion of investigation, charge sheet was filed in the Court of Judicial Magistrate, First Class, Bilaspur, who in turn committed the case to the Court of Sessions Judge, Bilaspur from where First Additional Sessions Judge, Bilaspur received the same on transfer for trial.

5. In order to prove the guilt of the appellants/accused, the prosecution has examined as many as 15 witnesses. Statements of the accused/ appellants were also recorded under Section 313 of the Code where they denied the material appearing against them. The appellants have taken specific defence that prior to marriage, the deceased was working as Nurse and when she left her service after marriage, she was distressed, therefore she committed suicide.

6. I have heard Shri Surendra Singh, Senior counsel with Shri Tarun Dadsena, counsel for the appellants and Shri Akhil Mishra, Deputy Government Advocate for the State/respondent and perused the judgment impugned and record of the Court below.

7. Learned counsel for the appellants vehemently argued that though deceased Neera Tiwari, wife of appellant No.1 and daughter-in-law of appellants No.2 and 3 has committed suicide on 9.8.2006 in the house of the appellants within 2 months and 8 days of her marriage, she died in abnormal circumstances within 7 years of her marriage, but these facts are not sufficient for drawing inference that the appellants have committed torture and cruelty in connection with demand of dowry and that too soon before her death. This is a criminal case, the prosecution is required to prove a