The prosecution must prove all essential elements of dowry death and cruelty beyond a reasonable doubt; failure to do so results in acquittal.

Judgment :

1. The instant criminal appeal under Section 374(2) Cr.P.C.(now Section 415 (2) of BNSS) has been filed by the appellants against the order dated 06.07.2024 passed by the learned Addl. Sessions Judge, Sridungargarh, District Bikaner in Sessions Case No.10/2009, whereby the learned Judge has convicted and sentenced the appellants as under:-

2. Both the sentences were ordered to run concurrently.

3. Brief facts of the case are that on 04.04.2009, the complainant Luna Ram (PW/3) lodged a report (ExP/7) before the Police Station Sridungargarh, Bikaner to the effect that in the morning of 04.04.2009 at about 10.00 A.M., he received an information that his younger daughter has committed suicide. On this information, he alongwith 5-7 other persons went to the village Bana, where the police personnel were already available. It was further stated in the report that the complainant has three daughters, who were married around eleven years ago at village Bana. Her younger daughter Saroj was married with one Vishnu Dutt @ Bishna Ram (appellant No.1) and their ‘Muklava’ happened on 13.03.2008 and since then she was being subjected to cruelty for demand of dowry. It was further stated in the written report that the appellants used to beat her daughter Saroj. On 03.04.2009 complainant went to village Bana, where appellants even abused him and his daughters viz. Saroj and Vimla asked the complainant to take Saroj with him, otherwise she will be murdered but he did not take Saroj with him. On the next day itself, he received an information that his daughter Saroj died. On this report, the police lodged a case for offence under Sections 498-A and 306 of IPC and started investigation. After investigation, challan was filed for offence under Sections 498-A and 304-B IPC. Thereafter, the charges of the case were framed against the appellants. They denied the charges and claimed trial.

4. During the course of trial, the prosecution examined 22 witnesses and 26 documents were also exhibited. Thereafter, statement of appellants under section 313 Cr.P.C were recorded and five documents were exhibited in defence.

5. Upon conclusion of the trial, the learned trial court vide impugned judgment dated 06.07.2024 convicted and sentenced the appellants for offence under Sections 498-A and 304-B of IPC as mentioned above.

6. Learned counsel for the appellant submits in the first instance that the prosecution has miserably failed to prove its case beyond reasonable doubt. It is argued that the eldest sister of the deceased Vimla has been examined as PW/1 before the trial Court, who has not supported the prosecution story and she declared hostile. It is also argued that Luna Ram (PW/3), father of the deceased had stated before the trial Court that he has three daughters, who were married at village Bana and the marriage of deceased took place at about 10-12 years ago and on 13.03.2008, muklava happened, thereafter, both the accused appellants started harassing his daughter Saroj for demanding the dowry, whereas in his cross examination he categorically mentioned that he did not know the date and time for demanding dowry by the appellants. He has also admitted in his cross examination that the financial condition of the appellants was good. Therefore, there was no occasion for the appellants to harass the deceased for demand of dowry. It is further argued that in a criminal case with regard to another sister by the complainant, during examination, the complainant clearly mentioned that all his three daughters were living happily with their in-laws and there was no demand of dowry or harassment by the accused. The said statement was produced in defence which is on record as Ex.D/1. Besides Lunaram, mother of the deceased Rukma (PW/6), sister Rameti (PW/5) who were examined before the Court