IMPORTANT POINT
The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death to establish a case under Section 304B IPC.

JUDGMENT :

1. The instant appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 4.6.2002 passed by the Additional Sessions Judge, Jashpurnagar in Sessions Trial No.123 of 2001, whereby the Appellants have been convicted and sentenced as under:

2. According to the prosecution, the alleged incident took place in Primary School Basen, Police Station Kansabel, District Jashpur in the intervening night of 13th and 14th March, 2001. Information of the incident was given by Thadiyus Lakda (PW1) in Police Station Kansabel on 14.3.2001 at 11:30 O’clock. On the basis of the said information, morgue (Ex.P1) was registered. After morgue inquiry, First Information Report (Ex.P12) was registered against the Appellants on 24.3.2001. According to the prosecution, at the time of incident, Sadhna Gupta (deceased) was working as a Shiksha Karmi Grade-3 in Primary School Basen. Her marriage was solemnised with Appellant Satyaprakash in April, 2000. She had been living at her matrimonial house from before 15 days of the incident and she used to go to her school from there. On 13.3.2001 she had gone to the school for teaching. Incharge Master of the school, namely, Lochan Prasad Sahu was absent on that date. According to the students of the school, Sadhna Gupta had returned from the school after teaching in the evening. Later, in the night at about 9 O’clock, her husband inquired from the cook of the school, namely, Kusum in Basen that where was his wife Sadhna Gupta. On coming to know from the cook that Sadhna Gupta had returned, he returned. On 14.3.2001 at about 9:30 a.m. when cook Kusum reached school he found that the staff room which always remained locked was open and when he entered the staff room he found that Sadhna Gupta was lying dead on a wooden chair.

3. During investigation of the crime in question, it was found that in the marriage of Sadhna Gupta, her husband/Appellant No.1 was given cash of Rs.41,000 for a motorcycle and he was also given other domestic articles. After the marriage, the Appellants started treating Sadhna Gupta with cruelty. They, after consuming liquor, ill-treating her at the matrimonial house. They had been demanding account of her salary and asking her for bringing amount of Rs.50,000. Due to the ill-treatment at her matrimonial house, she came back to her maternal house. The Appellants created a pressure at her maternal house and took her back to her matrimonial house on 4.3.2001, but, their cruel behaviour with her did not change. On 12.3.2001, the Appellants again quarreled with her and, therefore, on 13.3.2001, she, after performing her duties in the school, consumed poisonous substance and committed suicide. Spot maps (Ex.P6, P13 and P14) were prepared. Dead body of Sadhna Gupta was sent to Primary Health Centre, Kansabel vide Ex.P5 for post mortem examination. Post mortem Report is Ex.P9. Seizures were made. Statements of witnesses were recorded. Seized articles were sent to Forensic Science Laboratory. FSL Report is Ex.P15.

4. On completion of the investigation, a charge-sheet was filed against the Appellants. Charges were framed against them under Sections 498A, 304B and 306 IPC.

5. To bring home the offence against the Appellants, the prosecution examined as many as 15 witnesses. Statements of the Appellants were recorded under Section 313 of the Code of Criminal Proc