The essential ingredient for dowry death under Section 304B requires proof of cruelty or harassment by the husband or relatives shortly before the woman's death, which was not established in this case.

Judgment :

RAJANI DUBEY, J.

Since both these appeals arise out of the judgment of conviction and order of sentence dated 22.11.2008 passed by II Additional Sessions Judge, FTC, Mungeli, Distt. Bilaspur in ST Nos.9/2007 and 17/2007, they are being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted under Section 304B of IPC and sentenced to undergo RI for seven years.

02. Case of the prosecution, in brief, is that marriage of Sukhmani Bai was solemnized with accused Harekrishna Satnami around four years prior to the date of incident. On 29.9.2006 she suffered 60% burn injuries at her matrimonial house and was admitted to Community Health Centre, Lormi. After receipt of information from the doctor, her dying declaration was recorded. However, she was referred to Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur where during the course of treatment she died on 4.10.2006. During merg inquiry it revealed that the accused persons used to torture and harass her for bringing motorcycle and cash of Rs.40,000/- from her parental house as dowry as a result of which either she immolated herself or was burnt to death by the accused persons. After conducting postmortem of the deceased, preparing spot map, effecting seizure of burnt clothes of the deceased and recording statements of the witnesses, charge sheet under Section 304B/34 of IPC was filed against the accused followed by framing of charge accordingly by learned trial court which was abjured by them and they prayed for trial.

03. In order to substantiate its case the prosecution examined 14 witnesses. Statements of the accused were recorded under Section 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication.

04. After hearing counsel for the respective parties and appreciation of oral and documentary evidence on record, the learned trial Court convicted and sentenced the appellants as mentioned above. Hence these appeals.

05. Learned counsel for the appellants wound submit that the impugned judgment is per se illegal and contrary to the material available on record. As per dying declaration Ex.P/2 recorded by Dr. Gajendra Singh Dau (PW-1) it is clear that present is a case of accidental death and this fact is also corroborated by the postmortem report Ex.P/12. The postmortem report also shows that the burn is ante-mortem in nature. He would next submit that at the time preparation of inquest report, though father of the deceased (PW-4 Satanand Bhaskar) was present but he did not make any allegation regarding demand of dowry against the accused persons at that time and it is only after about three months of the incident that the witnesses stated against the accused persons in their police statements, which is nothing but an afterthought. Learned trial Court did not properly appreciate the major contradiction and omission in the statements of the material witnesses i.e. PW-3 Jillar Bai and PW-4 Satanand, mother and father of the deceased.

He would further submit that despite availability of independent witnesses, the prosecution did not examine them which creates doubt on the veracity of the prosecution story. Though the parents of the deceased have stated that soon after marriage she was being harassed and ill-treated by the accused persons for dowry but they admit that no report was ever lodged by them against the accused persons to the police regarding demand of dowry and no social meeting was ever convened in this regard. The investigating officer (PW-13) has also categorically stated that prior to death of the deceased, no report was ever lodged by the deceased or her parents rega