The court upheld the conviction for dowry death under Section 304B IPC, establishing that harassment related to dowry demands occurred shortly before the victim's death, which was unnatural and within seven years of marriage.

JUDGMENT :

(Robin Phukan, J.) :

Heard Mr. S.R. Gogoi, learned counsel for the accused/appellant and Mr. P.S. Lahkar, learned Additional Public Prosecutor for the State respondent No. 1. Also heard Mr. N. Barman, learned counsel for the respondent No. 2.

2. Judgment, dated 07.08.2023, and order of sentence, dated 08.08.2023, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 81/2017, is impugned in this appeal, under Section 374(2) Cr.P.C.

3. It is to be noted here that vide impugned Judgment dated 07.08.2023 and the order of sentence dated 08.08.2023, the learned Sessions Judge, Morigaon (“trial Court”, for short) has convicted the accused/appellant Sri Suman Sharma @ Chuman Kr. Sharma, under Section 304B IPC and sentenced him to undergo rigorous imprisonment for 8 years.

4. The background facts, leading to filing of the present appeal, are briefly stated as under:

“Sri Suman Sharma @ Chuman Kr. Sharma, accused/appellant here in got married with one Nirmala Thakur (since deceased), daughter of Kamakhya Thakur, respondent No.2 here in, on 14.07.2010. After a few days of their happy conjugal life, marital discord surfaced when the present accused/appellant started demanding dowry and subjected Nirmala Thakur to both physical and mental cruelty. She was taken to the native place of the accused/appellant at Bihar, and there the accused/appellant, along with his mother Smti Saradha Devi, Smti. Sangita Sharma, wife of Sri Chutan Sharma (the brother of the accused/appellant) subjected her to different kinds of tortures. Thereafter, she was taken back to Jagiroad where the accused/appellant has business and on 21.09.2015, the accused/appellant and his brother Chutan Sharma committed murder of Nirmala Thakur and thereafter, the father of the appellant informed the respondent No. 2 at about 12:30 p.m. that his daughter suffered demise on account of her illness.

On receipt of an FIR to this effect from the respondent No. 2 Kamakhya Thakur, the Officer In-Charge, Jagiroad P.S. registered a case, being Jagiroad P.S. Case No. 45/2015, under Sections 304B/34 IPC and endorsed WSI Sonmoni Begum to investigate the same. The I.O. then visited the place of occurrence, examined the witnesses, arrested the accused/appellant and his brother Chutan Sharma and forwarded them to jail hazot and then she held inquest over the dead body of the deceased and sent the same for autopsy and thereafter, collected the report and on completion of investigation, the I.O. laid charge-sheet against the present appellant Suman Sharma to stand trial in the Court, under Section 304B IPC. The learned Sub-Divisional Judicial Magistrate, Morigaon then secured the presence of the appellant and complying with the provision of Section 2 07 , Cr.P.C., committed the case to the Court of learned Sessions Judge, Morigaon, being the case exclusively triable by the Court of Sessions.

On appearance of the accused/appellant and after hearing the learned Advocates of both sides, the learned Sessions Judge, Morigaon, vide order dated 18.01.2018, had framed following charges against the accused/appellant under Sections 302 /304B, IPC :-

(i) That, you, on 21.09.2015, at about 11 am, at village Nijarapar, under jagiroad Police Station, committed dowry death by causing the death of your wife, namely, Ms. Nirmala Thakur and thereby committed an offence punishable under section 304-B IPC which is within the cognizance of this court and I hereby direct t