The main legal point established in the judgment is the requirement to prove the 'soon before' aspect in cases of dowry death under Section 304B IPC and the definition of 'cruelty' under Section 498A IPC.

MANOJ KUMAR OHRI, J.

1. The present appeal arises out of the judgment on the conviction dated 24.03.2004 and the order on the sentence dated 27.03.2004 in Sessions Case Nos. 03/2003 and 68/2003 in FIR No.604/2002 under Sections 498A/304B, P.S. Uttam Nagar registered at the instance of the complainant, Bhure Ram, father of the deceased, Anju.

2. Appellant No.1 Rakesh, is the husband of the deceased, appellant No.2 Ram Lakhan, is the father-in-law of the deceased, appellant No.3 Raj Kumar, is the brother-in-law (jeth) of the deceased, appellant No.4 Somwati (wife of appellant No.3) is the jethani of the deceased and the appellant No.5, Somwati (wife of appellant No.2), is the mother-in-law of the deceased. All the appellants have been convicted for the offences punishable under Sections 498A/304B IPC and have been sentenced to undergo imprisonment for life under Section 304B. They have been further sentenced to undergo RI for 2 years under Section 498A and to pay a fine of Rs.1,000/- each, and in default, they have been directed to further undergo RI for 6 months each. All the appellants have jointly filed the present appeal.

3. As per the prosecution case, all the appellants were living jointly at H.No.104/6, Defence Enclave, Mangal Bazar, Uttam Nagar, New Delhi. The deceased, Anju was also living with her family comprising of her father, mother and brother in Delhi. As per the wish of both the families, Anju was married to Rakesh on 27.12.1999 at Shanti Kunj Ashram, Haridwar and after the ‘Gona Ceremony” was performed on 24.01.2000, she went to her above matrimonial home. It is the stand of the prosecution that Anju had expired on 19.08.2002 at her matrimonial home due to consumption of ‘Aluminum Phosphide’.

4. The investigation started with the information recorded in DD 14A (Ex. PW-7/A) on 19.08.2002, at 6.45 pm in P.S. Uttam Nagar. The contents of DD 14A are as follows:-

“6:45 PM it was reported by one Ram Lakhan s/o Dwarika Parsad that “H. No.104/6 Part II, Defence Enclave, Mohan Garden, Mangal Bazar Vijay Diary ke samne Balaji Chowk ke aage ek aurat hamen pareshan kar rahe hai”.

When the PCR reached the spot, they found a lady in an unconscious state. On enquiry, they came to know that name of the lady was Anju. HC Bodhraj from the PCR got Anju admitted in the DDU hospital.

5. On 19.08.2002, when Bhure Ram, father of the deceased, returned home at about 9:25 PM, he was told by his son that he had received a telephonic call that Anju was admitted in DDU Hospital in a serious condition. Within 5 minutes, another call was received by Bhure Ram and he was told by some police official that Anju had expired and was asked to reach P.S. Uttam Nagar. The MLC (Ex.PW1/A) records that Anju was brought and admitted in DDU Hospital by HC Bodh Raj and she was declared ‘brought dead’. Dr Manoj Nagpal (PW-17) conducted the Post Mortem examination on 19.08.2002, at 9 pm and the cause of death was kept pending for the viscera report. Later, he gave an opinion that Anju’s death was caused due to consumption of ‘Aluminium Phosphide’.

6. On 20.08.2002, inquest proceedings were conducted by the SDM Sh. Vijay Khanna (PW-10), who recorded the statements of Bhure Ram, father of the deceased (Ex. PW-10/D) as well as of Malti Devi, mother of the deceased (Ex. PW-10/C). In their statements, the parents levelled allegations of dowry demand and ill-treatment of the deceased at the hands of the appellants. Since the death had occurred within 7 years of the marriage, FIR No.604/2002 was registered under Sections 498A/304B IPC at PS Uttam Nagar and investigations proceeded. The CFSL report (Ex PW 15/A) dated 07.01.2003 pertaining to viscera examination showed presence of Aluminum Phosphide.

7. After completion of the investigation, the charge-sheet was filed on 18.11.2002 and charges were framed by the learned ASJ, Delhi against the appellants No.1 and 2, Rakesh and Ram Lakhan under Sections 304B and 498A IPC on 18.02.2003. On 14.05.2003, after the arres