Charges under IPC Sections 498-A and 304-B were not proven as the prosecution failed to establish evidence of cruelty or harassment related to dowry shortly before the deceased's death.

Judgment :

Rajani Dubey, J.

1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 29.10.2007 passed in Session Trial No. 73/2007, whereby the learned Additional Sessions Judge, Balodabazar, District Raipur (C.G.) has convicted and sentenced the appellant as under :-

2. Admitted facts of the case is that marriage of present accused/appellant Uday Bharti was solemnized with deceased Seema and they were living as husband & other acquitted accused persons namely Rampyari and Shanta Bharti were mother and brother of accused/appellant Uday Bharti, respectively.

3. The prosecution story leading to conviction of the accused/appellant is that accused/appellant and his deceased wife Seema were living in a rented house in Balodabazar. On the date of incident, accused/appellant Uday Bharti had gone out for work and when he came at morning after completing his work, he saw that his wife Seema was hanging with noose and she was died. Thereafter, the accused/appellant informed the incident to his landlord, then his landlord Krishna Kumar lodged the merg intimation in police station Balodabazar vide Ex.P-11. The incident was also informed to the parents fo deceased Seema and after their arrival, on 06.11.2006, inquest on the body of deceased was prepared vide Ex.P-3 and dead body was sent for postmortem examination to Govt. Hospital, Balodabazar vide Ex.P-8-B, where Dr. P.K. Tiwari (PW-8) conducted postmortem examination on the body of deceased and gave his report under Ex.P-8 noticing following injuries/symptoms :-

(i) Rigor mortis present,

(ii) A ligature mark around the neck elongated towards right side in the size of 3cm x 31”.

(iii) Tongue protruded, bitten up between teeth.

(iv) Salivary trickle stain was present from left angle of mouth to left mammary region.

(v) A ligature mark of chunari cloth with slightly knot length of circle was 31”.

The autopsy surgeon opined the cause of death of deceased to be asphyxia due to hanging and the death was suicidal in nature.

4. Pieces of letter written by the deceased were seized vide Ex.P-4. Viscera of deceased was seized vide Ex.P-7. Thereafter, on 09.11.2006, Dhaneshwari Bai (PW-1), mother of deceased Seema, lodged a written report (Ex.P-1) in police station alleging therein that accused/appellant – Uday Bharti and other acquitted accused persons namely Rampyari and Shanta Bharti used to harassed her deceased daughter for demand of dowry and used to say her daughter to bring cash and jewellery & used to assault her. It was also alleged in the complaint that accused/appellant Uday Bharti demanded Rs.10,000/- over phone and told to take back deceased Seema if the amount is not given, thereafter, the mother of deceased had given Rs.10,000/- to her son-in-law, the appellant. It has been also alleged in the complaint that when deceased Seema met with an accident, appellant Uday Bharti had also demanded cash for medical expenses of the deceased, which she had also given to the appellant. Complainant Dhaneshwari Bai (PW-1) also made appellant Uday Bharti understand and express her inability to give cash owing to her poor financial condition but despite this, the accused/appellant continued to harass the deceased for demand of dowry and because of the continuous harassment, her deceased daughter committed suicide.

5. On the basis of aforesaid complaint (Ex.P-1), an FIR (Ex.P-12) was registered against the accused/appellant and other acquitted co-accused persons for the offence punishable under Sections 498-A and 304-B and 201 of IPC. The statements of the witnesses were recorded under