The prosecution must establish the essential ingredients of Sections 304B and 498A IPC, including specific allegations and evidence of harassment and cruelty in connection with dowry demands, to secure a conviction.

Indermeet Kaur, J.

1. The appellant is aggrieved by the impugned judgment and order of sentence dated 23.1.2006 and 28.1.2006, wherein Phool Wati (since deceased) and Smt. Usha (appellant) have been convicted for the offence under Sections 498A and 304-B IPC; appellant had been sentenced for the offence under Section 304-B IPC to undergo RI for a period of 7 years with a fine of Rs.10,000/-, in default of payment of fine, to further undergo RI for 1 year; for the offence under Section 498A IPC to undergo RI for 3 years with a fine of Rs.5,000/-, in default of payment, to further undergo RI for 6 months.

2. This judgment is the subject matter of appeal before this Court.

3. On 08.7.1999, Smt. Meenu, wife of Rajneesh had sustained injuries; she had succumbed to her death on the same day. The death had occurred in the matrimonial home of the victim, i.e. on the first floor of F-20, Mansarover Park, Delhi.

4. Version of the prosecution was unfolded in the testimony of Permeshwari Devi, PW-1 (mother of the victim). In her statement (Ex.PW-1/A) she deposed that Meenu (Victim) was treated with cruelty by Phool Wati (mother-in-law) Rajneesh (husband), Rakesh (brother-in-law), Shiv Kumar (brother-in-law) and Nita (sister-in-law). They used to demand dowry. Her brother-in-law (Naresh), who lived abroad quarreled with the victim for dowry whenever he used to come to her matrimonial home.

5. Two days prior to the incident, i.e. 06.7.1999, the victim had come to her parental home and told that her in-laws was demanding a sum of Rs.2 lac and a house in Delhi; her parents were unable to meet this demand.

6. On the morning of 08.7.1999 at about 3 AM, a telephone call was received by her informing that Meenu had received burn injuries. On reaching her matrimonial home, she found Meenu dead.

7. Investigation was marked to ASI Aishbir Singh (PW-17). He has deposed that at about 4.15 AM, he was on patrolling duty when D.D.No.54B (Ex.16/A) was assigned to him; and he along with Constable Shiv Kumar (PW-7) reached the matrimonial home of the victim. On the ground floor, all the afore-noted accused persons except Anita were present. On query, it was learnt that the incident had taken place on the first floor. The dead body of the victim was lying at a place just in front of the stair case; there were the burn marks on the entire dead body of the victim; her fingers were closed tightly; her tongue was protruding in between the teeth; few scalp hairs were burnt; pieces of flesh as also the burnt cloths were also in the room. Outside the room, one plastic cane, bottom of which was burnt, one tin and a match box were also lying. The SHO was summoned as was also the SDM, Prakash Chander (PW-10) who recorded the statement of the mother of the victim Parmeshwari Devi (PW-1) and her brother Raj Kumar (PW-2) as also the statement of other brothers, Deepak Kumar and Ashok Kumar. Deepak Kumar and Ashok Kumar were not examined by the prosecution.

8. The dead body was sent to the mortuary of GTB Hospital for post-mortem. Dr. Gautam Bishwas (PW-18) had conducted the post-mortem on the body of the victim; the post-mortem report was proved as Ex.18/G and rigormortis was noted all over the body. The following external injuries were noted:-

“Superficial to deep antemortem fresh burn wound covering 95% of the body surface area sparing both soles and palms and part of scalp. Most of the burn wounds are superficial with blackening present. Erythema seen at places. Singeing of scalp hair, pubic hair and axillary hair present. Skin parchment like at places. Smell of kerosene present in scalp hair. Peeling off of skin present at places.”

9. On internal examination, it was noted that:-

“Head and Neck: Scalp and skull NAD. Brain weight 1250 gram congested. Neck-structure- intact. Treachea-walls congested, soot particles present admixed with mucus.

Chest:

Lungs: Right-weight 400 grams

Left-weight 350 grams, congested, soot particles present

at bronchioles admixed with mucus.

Heart: