To establish dowry death under IPC Section 304-B, it is essential to prove that the deceased was subjected to cruelty or harassment for dowry, which was not demonstrated in this case.

JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. Assailing the judgment dated 28.5.2014 rendered in Sessions Case No.8 of 2014 on the file of learned Additional Sessions Judge, Morbi, whereby accused nos.1 to 3 in the said case were acquitted of the charges under Sections 498-A, 306, 304-B and 114 of the INDIAN PENAL CODE , 1860 read with Sections 3 and 7 of the Dowry Prohibition Act, the instant appeal has been preferred by the State.

2. Briefly stated, it is the case of the prosecution that Ms.Harshaben (herein after called as “deceased”) is the legally wedded wife of accused no.1. Their marriage was solemnized about four years prior to her death. They are blessed with a son by name Vansh, aged about one and a half years, during their lawful wedlock. The deceased was pregnant of two months at the time of her death. There was strained relationship between the deceased and her mother-in-law, who is accused no.3. Accused no.1 used to harass her at the instance of accused no.3. Even on the previous day of her death, accused no.1 beat her at the instance of accused no.3. Accused nos.1 to 3 used to harass her demanding additional dowry from her. As she could not satisfy said demand, accused no.1 called her mother to come to the house and take back his wife. So her mother, who is examined as PW-1 in this case, along with her son, PW-5, came to the house of the accused to take her back. On 24.10.2013, it is stated, that there was a quarrel between the deceased and her mother-in-law, who is accused no.3, relating to the food that was prepared on that day. Unable to bear said harassment, the deceased immediately went into a room at about 11 a.m. on that day and poured kerosene on her and set herself ablaze. Immediately, her mother and brother, who are PW-1 and PW-5, and her husband, who is accused no.1, took her to Vankaner Hospital. After giving preliminary treatment, she was referred to the Government Hospital of Rajkot. She was admitted in the said hospital. On the requisition given by the concerned doctor, PW-8, who is Executive Magistrate reached the hospital and recorded statement of the injured at about 3.45 p.m. on that day. She stated in her statement that both her husband, who is accused no.1, and mother-in-law, who is accused no.3 were harassing her and on that day also that there was a quarrel between her and her mother-in-law, accused no.3, and unable to bear the harassment meted out by her at their hands that she went into a room and poured kerosene and set herself ablaze. Thereafter, she died on the same day i.e. 24.10.2013 at 5 p.m. in the evening. Postmortem examination was held over her dead-body on the same day at about 07.45 p.m. and the doctor, who conducted autopsy over her dead-body opined that she died out of shock due to extensive burn injuries. Postmortem report was issued to that effect.

3. On the next day i.e. 25.10.2023, her mother, PW-1 lodged report with police. Police registered a case for the offences punishable under Sections 498-A, 306, 304-B and 114 of IPC read with Sections 3 and 7 of the Dowry Prohibition Act. The case was investigated. Eventually, on completion of investigation, charge-sheet was filed against accused no.1 to 3 for the aforesaid offences.

4. After the case was committed by the committal Court to the Court of Sessions division, it was made over to learned Additional Sessions Judge, Morbi, for trial. The trial Court framed charges under Sections 498-A, 306, 304-B and 114 of IPC read with Sections 3 and 7 of the Dowry Prohibition Act. The accuse