In cases of dowry death under Section 304B, IPC, the presumption under Section 113B of the Evidence Act can be drawn if the prosecution shows that the deceased was subjected to cruelty or harassment by her husband or his relatives for or in connection with a demand for dowry.

Kanta Bhatnagar, J.-This appeal is directed against the judgment dated Sept. 15, 1989 passed by the Additional Sessions Judge, Sri Ganganagar by which appellant Gurdutta Singh was convicted Under Section 304B, IPC and sentenced to imprisonment for life.

2. Succinctly narrated the prosecution case is that Veerpal Kaur, daughter of Balwant Singh resident of Village Sunderpura, was married to appellant Gurditta Singh of Village Radewala six years prior to the date of the occurrence i.e., death of Veerpal Kaur on June 16, 1987. At the time of marriage cash, ornaments and other articles were given by Veerpal Kaur’s grand mother Nihal Kaur. After one year of the marriage, the appellant and his mother Chand Kaur (Co-accused who had died during the pendency of the trial) told Veerpal Kaur’s parents and brother that the gold given at the time of marriage was not sufficient. At this, ten tolas of gold was given. When the first son was born to Veerpal Kaur, there was a demand of fifteen thousand rupees but at the intervention of the Panchas, amount of rupees twelve thousand was settled and given. That son died. Whereafter two more sons were born to Veerpal Kaur but despite demand, nothing was given from her father’ s side. Chand Kaur and Gurditta Singh are said to have ill-treated Veerpal Kaur because of the dowry not being adequate. On June 16, 1987 Gurditta Singh had gone to the field and Chand Kaur and Veerpal Kaur were at the house. Veerpal Kaur consumed insecticide spray lying in the house. At about 10.30 AM Gurditta Singh being informed, came to the house and took Veerpal Kaur to Devta Nursing Home of Dr. Ravindra Pal Sharma and Dr. Kanta Sharma. Looking to her condition, the Doctor asked Gurditta Singh to take her to Government Hospital. On way to Government Hospital, Veerpal Kaur breathed her last and was taken back to the house at Radewala. Gurditta Singh went to the Police Station, Karanpur and informed about his wife having died by consuming insecticide spray. The information reduced into writing is Exhibit-D/2. At this Subhash Chandra, SHO (PW. 5) started proceedings Under Section 174 of the Code of Criminal Procedure and went to Village-Redewala, Circle Officer Inderjit Singh (PW. 7) along with Subhash Chandra (PW. 5) went to the site. He inspected the site and prepared the site inspection memo Exhibit-P/1OA and site plan Exhibit-P/10. Gurditta Singh gave to the SHO one iron ‘dibba’ of insecticide spray lying beneath the Godrej Almirah which was taken in possession vide Exhibit-P/2. On June 16, 1987 at 7.15 PM Balvindra Singh (PW. 2), brother of the deceased gave the written report Exhibit-P/1 to SHO Subhash Chandra (PW. 5). On reaching Police Station at

9.30 PM Subhash Chandra chalked out the formal F.I.R. Exhibit-P/9 and registered the case. On June 17, 1987 Circle Officer Inderjit Singh (PW. 7) went to Karanpur Hospital and prepared the inquest report Exhibit-P/3. He got the postmortem examination of the dead body conducted by the Medical Board consisting of Dr. Ikbal Singh (PW. 10), Dr. Jagtar Singh Kosa and Dr. (Smt.) Suman Dutta on June 17, 1987 at 9.30 AM Dr. Ikbal Singh was the Chairman of the Board. One lacerated wound 1/4 cm x 1/4 cm at lower lip mucous membrance near right angle was found on the dead body. The postmortem examination report is Exhibit- P/2 1. The cause of death according to the Doctors was due to organo phosphoras poison. The Doctors, however, reserved final opinion on receipt of Chemical Examination Report of the Reserved viscera. The iron ‘dibba’, clothes of the deceased and viscera taken in possession during the course of investigation were sent for the Chemical Examination. The report of the Chemical Examiner is Exhibit- P/24. Gurditta Singh was arrested by Inderjit Singh (PW. 7) on June 22, 1987 vide memo Exhibit- P115. Chand Kaur, Mother-in-law of the deceased was arrested on June 30, 1987 vide memo Exhibit-P/16.

3. Upon completion of necessary investigation, charge sheet against the