The court clarified that for dowry death under Section 304B IPC, evidence of harassment shortly before death is essential for conviction.

JUDGMENT

Manoj Kumar Garg, J. - Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 02.07.2016 passed by learned Special Judge, Women Atrocities Cases, Sriganganagar in Sessions Case No. 85/2014 by which the learned Judge convicted the appellant for offence under Section 304B and 498A IPC and sentenced to undergo ten years RI with Rs.5000/-fine, default of payment of fine, to undergo six months RI and two years R.I with fine of Rs. 2000/-, in default of payment of fine to undergo two months R.I respectively.

2. Succinctly stated, the fact of the case are that the complainant Sanjay Kumar lodged a written report with the Station House Officer, Mahila Police Station, Sriganganagar alleging inter alia that his younger sister Arti was married to Sunil Kumar on 23.05.2014 and they have given dowry to the inlaws as per their status. It is alleged that after 10-15 days of marriage, the mother-in-law and husband started harassing her physically and mentally for demand of dowry. It was further mentioned in the FIR that the husband Sunil Kumar left his sister at parental home but after about ten days, her husband came to took her back. It is alleged that on the date of incident, when the brother-in-law of complainant Lal Babu went to inlaws? house of Arti to bring them food, he informed telephonically that the inlaws were quarrelling with Arti. After some time, Lal Babu again called the complainant and told him that Arti has lit herself on fire. When they reached on the spot, they found that Arti was lying dead on floor.

3. On the basis of this report, an FIR No. 179/2014 was registered for the offences under Sections 498-A and 304-B and investigation commenced.

4. After usual investigation, the police submitted chargesheet against the accused appellant for offence under Section 304-B and 498A IPC in the alternative 302 IPC. The charges were framed against the appellant who denied the same and claimed trial.

5. The prosecution in its support examined eleven witnesses in all and exhibited 17 documents. The statement under Section 313 Cr.P.C. was recorded. No witness was examined on the defence side.

6. After conclusion of trial, the learned Judge, Women Atrocities Cases, Sriganganagar acquitted the appellant for offence under Section 302 IPC but convicted him for offence under Section 304-B and 498A IPC vide judgment dated 02.07.2016 and passed the sentences as mentioned earlier.

7. At the threshold, learned counsel for the appellant submits that the charge under Section 304B IPC cannot be sustained against the appellant owing to lack of convincing proof to establish that the deceased lady was harassed and humiliated in the matrimonial home on account of demand of dowry soon before her death. He craved acquittal of the accused of the charge for offence under Section 304B IPC and urged that at best, even if the evidence of the prosecution witnesses is accepted as such, then too, the conviction of the accused can only be recorded for the offence under Section 306 IPC. In the alternative, he urged that considering the fact that the appellant is an old woman and there is no evidence to show the existence of exceptional circumstances warranting the sentence of ten years R.I, the sentence of ten year?s rigorous imprisonment awarded to the appellant deserves to be reduced to the minimum permissible term of seven years for the offence under Section 304B IPC.

8. On the other hand, the learned Public Prosecutor opposed the submissions made by the learned counsel for the appellant. The learned PP submitted that there is neither any occasion to interfere with the sentence awarded to the accused appellant nor any compassion or sympathy is called for in the said case. Learned Public Prosecutor produced a report from Superintendent, Central Jail, Bikaner according to which, the appellant has so far undergone imprisonment of 07 years 10 months and 08 days.

9. It is an admitted fact that the deceased was