Conviction under Section 498-A requires clear evidence of cruelty related to dowry demands; a dying declaration indicating accidental death denies such evidence.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. CRA No.365/2014:- This criminal appeal preferred by the appellants/accused persons herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 29.03.2014 passed in Sessions Trial No.21/2013 by the Additional Sessions Judge, Bemetara, District Bemetara, C.G. whereby the appellants have been convicted for the offence under Section 498-A read with Section 34 of Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for three months to each appellant.

2. ACQA No.141/2014:- This acquittal appeal preferred by the Appellant/complainant arises out of the same judgment dated 29.03.2014 passed by the Additional Sessions Judge, Bemetara, District Bemetara, C.G. in Sessions Trial No.21/2013, whereby the learned trial Court acquitted the accused persons/respondents No.2 & 3 herein of the charge under Section 304-B read with 34 of IPC in alternative Section 302 read with 34 of IPC.

3. Since both the above captioned appeals arise out of the same Sessions Trial No.21/2013, they are being heard together and disposed of by this common judgment.

4. Case of the prosecution, in brief, is that the marriage of appellant No.1- Tuneshwar and Parvati Bai-deceased was solemnized in the year, 2008 at village Binayaka. At the time of Tilak ceremony, an amount of Rs.50,000/- was allegedly given by the complainant's side to the appellants/accused persons at their behest. Soon after the marriage, deceased-Parvati Bai joined her matrimonial home and after about 3-4 months of marriage, appellants started torturing and harassing her mentally and physically for bringing insufficient dowry and also used to commit marpeet with her while demanding a four-wheeler (sumo) and cash, upon which, deceased- Parvati Bai brought a sum of Rs.2 lakhs from her parental home. On 25.11.2012, while she was at her parental home, her husband/appellant No.1 again demanded a four-wheeler (sumo). On 27.11.2012, Village Sarpanch and appellant No.1, informed the father of the deceased/PW-1 over telephone that deceased sustained burn injuries at her matrimonial home and after that, firstly she was taken to Baitalpur, Hospital and thereafter referred to a hospital at Bilapsur where during the course of treatment, she died on 28.11.2012. During treatment, dying declaration of the deceased was recorded by the Tehsildar (PW-16 P.K. Thakur) at Burn & Trauma Center, Bilaspur. It is alleged that being fed up with the persistent ill-treatment and harassment made by appellants for dowry, deceased- Parvati Bai poured kerosene oil over her body and set herself ablaze. On receipt of information, panchanama of the dead body was prepared vide Exs.P-1 & 3 and FIR (Ex.P-14) was registered against the appellants, pursuant to which, merg intimations vide Exs.P-11 & 12 were recorded. Inquest proceedings were conducted vide Ex.P-2 and dead body of the deceased was sent for postmortem examination where PW-14 Dr. A.S. Khan conducted the postmortem examination on 29.11.2012 and gave his report vide Ex.P-15. According to PW-14 Dr. A.S. Khan, cause of death of deceased was due to hypovolemic shock caused by burning of the skin of body to the extent of 90%. On 28.11.2012, Dr. M. Kumar (not-examined), Burn and Trauma Center, Bilaspur had prepared the MLC report of the deceased vide Ex.P-16 noting that the deceased was admitted in the hospital in accidental burn co