In a prosecution for dowry death under Section 304B IPC, the prosecution must prove beyond reasonable doubt that the deceased was harassed and humiliated for dowry soon before her death.

JUDGMENT

Sandeep Mehta, J. - The matter was today listed in the Court for orders on the application for suspension of sentences No.1127/2018 filed on behalf of the appellant.

2. However, with the consent of learned Counsel for the appellant and learned Public Prosecutor, final arguments were heard and the appeal itself is being decided today. Thus the application for suspension of sentences is dismissed as infructuous.

3. By way of this criminal appeal filed under Section 374(2) Cr.P.C., 1973 the appellant Homla has approached this Court for assailing the judgment dated 17.02.2017 passed by Addl. Sessions Judge, Banswara in Sessions Case No.36/2016 whereby he was convicted and sentenced as below:-

304-B Imprisonment for life and fine of Rs. 10,000/- and in IPC default of payment of fine to further undergo one year Simple Imprisonment.

498A Three Years' Simple Imprisonment and fine of Rs. 5000/-and in default of payment of fine to further undergo three months' Simple Imprisonment.

Both the sentences were ordered to run concurrently.

4. Facts in brief are that Kala D/o Bapulal was married to Raju S/o Homla, appellant herein on 06.06.2011. On 17.12.2011, Homla came to the village and informed Bapulal's son Dinesh that Smt. Kala had ended her life by hanging herself. On this the first informant's son Dinesh and his wife Kavita went to village Nichla Ghantala where the dead body of Smt Kala was lying on a coat. Shri Bapulal suspected foul play in the death of his daughter. He lodged a report at Police Station Kotwali Banswara on the same day casting a suspicion that Kala might have been murdered by her husband Raju.

5. A Mrig report No.42/2011 was registered and inquiry commenced. The dead body of Smt. Kala was subjected to postmortem and the medical officer opined that the cause of death was asphyxia (by pressure on neck).

6. After inquest proceedings held by the SDM, Banswara, report under Section 176 IPC was received on the basis of FIR No.376/2012 (Exhibit-P/9) came to be registered at Police Station Kotwali for the offence under Section 302 IPC. After investigation, charge sheet was filed against the appellant alone being the father-in-law of the deceased for the offences under Sections 498A & 304B IPC. The trial court framed charges against the appellant in the same terms. The appellant pleaded not guilty and claimed trial.

7. The prosecution examined as many as 15 witnesses in support of its case. The accused upon being examined under Section 313 Cr.P.C., 1973 denied the prosecution case and stated that he was not present at the spot at the time of the incident. He heard hue and cry whereupon he rushed to his house and saw the door locked from inside. The door was broken open and Smt. Kala was seen hanging from the roof. He stated that he had been falsely implicated in this case. Witness Smt. Kana was examined in defence. The trial court, after appreciating the evidence available on record came to a conclusion that the appellant had harassed and humiliated the deceased on account of demand of dowry soon before her death. It was also held that the deceased was subjected to cruelty in her matrimonial home. With these findings, the trial judge, proceeded to convict and sentence the appellant as above, hence this appeal.

8. Learned Counsel Shri Shambhoo Singh representing the appellant urged that:-

1. That there is no allegation whatsoever in the FIR (Exhibit- P/-9) that the deceased Smt. Kala was aver harassed or humiliated on account of demand of dowry

2. That the entire thrust of allegations in the written report (Exhibit-P/1), submitted by Bapulal was against the husband who was not even charge sheeted by the police.

3. That even during investigation, the material witnesses viz. PW-1 Shri Bapulal, the first informant (father of the deceased), PW-2 Smt. Meera, mother of deceased, PW-4 Dinesh, brother of the deceased, PW-5 Smt, Kavita Sister-in-law (Bhabhi) of the deceased & PW-6 Pari did not make any allegation to the effect t