To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.

JUDGMENT :

Rajani Dubey, J.

1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 07.01.2015 passed in Session Trial No. 90/2013 whereby the learned Additional Sessions Judge, Katghora, District Korba (C.G.) has convicted the appellants under Section 304-B of IPC and sentenced them to undergo imprisonment for life.

2. Admitted facts of the case is that appellant No.1 - Uttam Kumar Dewangan is husband, appellant No.2-Smt. Savitri Dewangan is mother-in-law and appellant No.3-Shiv Kumar Dewangan is father-in-law of deceased Tajeshwari Dewangan.

3. The Prosecution story, in brief, is that on 27.06.2013, the marriage of deceased Tajeshwari Bai, daughter of Laxmi Prasad Dewangan (PW-4), was solemnized with accused/appellant No.1 – Uttam Kumar Dewangan. After solemnization of marriage, deceased Tejeshwari Bai used to reside at her in-laws' house in House No. AB-1159-60, Yamuna Bihar, Jamunipali. All the items were given to Tejeshwari Bai at her wedding. After sometime of marriage, accused/appellant No.1- Uttam Kumar, mother-in-law Savitri Bai (A-2), father-in-law Shiv Kumar (A-3) and other family members started harassing deceased Tajeshwari Bai physically and mentally for bringing insufficient dowry. Accused/appellant Uttam Kumar (A-1) used to assault the deceased under the influence of liquor and deceased Tejeshwari Bai used to inform her father about this over the phone. At the time of the marriage, it was told that the accused/appellant Uttam Kumar (A-1) was employee of Tushan Power Limited, Gujarat, but it was not informed about his dismissal from the job due to presenting a false experience certificate. Seeing the condition of deceased Tejeshwari Bai, her father Laxmi Prasad Dewangan gave the accused/appellant Uttam Kumar (A-1) Rs.25,000 in cash. After this, they remained happily for few days, thereafter accused/appellant Uttam Kumar (A-1) again started harassing deceased Tejeshwari Bai physically and mentally and demanded money from her father. Uttam Kumar (A-1) provided his account number to deceased Tejeshwaribai's father and asked to deposit the money then Laxmi Prasad, father of deceased Tejeshwari Bai, again deposited Rs.10,000/- in the account of accused/appellant Uttam Kumar (A-1). Deceased Tejeshwaribai told her father over phone that Uttam Kumar (A-1) and his family were physically and mentally harassing her for dowry saying that her father has deposited a very small amount, and her maternal uncle Maniklal was also instigating her in-laws for dowry. Looking to this, Laxmi Prasad, father of deceased Tejeshwari Bai, again gave accused/appellant Uttam Kumar (A-1) Rs.12,000/- in cash. However, the accused/appellants continued to harass deceased Tejeshwari Bai, and Uttam Kumar (A-1) and his family members demanded Rs.5 Lakh. Deceased Tejeshwari Bai told her father over phone to take her with him else her in-laws would kill her. On this, Lakshmi Prasad, father of deceased Tejeshwari Bai, said he would arrange money within a few days and came to her in-laws' house on 13.07.2013, however, on 13.07.2013, deceased Tejeshwari Bai died by hanging.

4. Accused/appellant Shiv Kumar (A-3), father-in-law of the deceased, lodged merg intimation at Police Station – Darri regarding Tejeshwari Bai's death vide Ex.P-4. The Executive Magistrate, Katghora, issued a notice to witnesses for preparing inquest of body. Thereafter, inquest on the body of deceased Tejeshwari Bai was conducted vide Ex.P-12 and dead body was sent for postmor