IMPORTANT POINT
The essential ingredients for a conviction under Section 304-B of the IPC must be clearly established, including evidence of cruelty or harassment in connection with dowry demands shortly before the death of the victim.

JUDGMENT :

HON’BLE MR. JUSTICE NAVNEET KUMAR

Heard learned counsel appearing on behalf of the appellants and the learned counsel appearing on behalf of the State.

2. This Criminal Appeal is directed against the judgement of conviction dated 23.02.2017 and order of sentence dated 02.03.2017 passed by the Court of learned Additional Sessions Judge-F.T.C.-XVII, Dhanbad in S.T. Case No. 341 of 2014 arising out of Topchanchi P.S. Case No. 33 of 2014, corresponding to G.R. Case No.1594 of 2014, whereby and where under the appellants have been convicted for the offence punishable under Sections 304 B/ 34 of the Indian Penal Code and sentenced to undergo simple imprisonment for 7 years and the period of detention already undergone by the appellants have been directed to be set off against the sentence of imprisonment.

3. The prosecution story arose on the written report (Exhibit-3) by Umesh Pandey PW-5 addressed to the Officer-in charge of Topchanchi P.S. on 18.04.2014. The prosecution story in short is as under-

The informant’s niece Saroj Devi was married with Mithilesh Kumar Pandy (appellant No. 2) who was the elder son of Balram Pandey in the month of May, 2012 and after marriage they were torturing his niece and they were demanding cash and golden chain from her and also used to threaten her that if she will not bring cash and chain, they would kill her by burning and he had heard this thing several times. Recently both Saroj Devi and Mithilesh went to meet with parents and in-laws respectively where Mithilesh Pandey told to Saroj to see her parents for the last time and said that she would not be able to see them anymore. Then on 18.04.2014 at 10:15 A.M. all of a sudden, a phone call came to him from Balram Pandey (appellant No.1) intimating him to come soon at Hirapur and for the second time on phone call Mithilesh Pandey said that Saroj had burnt and she is no more alive. In a hurry they hired a vehicle and reached Hirapur and saw that there was lot of crowd and half burnt dead body of Saroj was kept on the cot.

4. On the basis of the aforesaid written report, Topchanchi P.S. Case No. 33 of 2014 dated 18.04.2014 was lodged under section 304-B/34 of the Indian Penal Code against the accused persons. After investigation the I.O. submitted charge-sheet No. 53/2014 dated 30.06.2014 under section 304-B/34 of the Indian Penal Code against the accused persons and on the basis of charge-sheet cognizance of the offence under section 304-B/34 of the Indian Penal Code was taken against the accused persons and the case was committed to the Court of Session. The charge framed on 10.09.2014 by Additional Sessions Judge-VI, FTC Dhanbad against the accused persons under Sections 304-B/34 of the Indian Penal Code and was read over and explained to the accused persons in Hindi, to which they denied, pleaded not guilty and claimed to be tried.

5. The learned Trial Court, after conducting the full-fledged trial passed the impugned judgement of conviction and order of sentence which is under challenge in this appeal.

Arguments advanced on behalf of the appellants-

6. Learned counsel appearing on behalf of the appellants has submitted that the impugned judgement of conviction and order of sentence is bad in law in view of the fact that the pre-requisites which constitute the offence under Section 304-B i.e. dowry death is that the deceased was subjected to cruelty or harassment by the accused persons soon before the death in connection with any demand of dowry but from the entire evidence adduced on behalf of the prosecution this fact is not corroborated as to whether the deceased was subjected to torture and cruelty in connection with any demand for dowry as evident from the deposition of witnesses who have been examined on behalf of the prosecution particularly P.W.-1, Ganesh Pandey and P.W.-5, Umesh Pandey (Informant). It has further been pointed out