IMPORTANT POINT
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Section 304B of the IPC; failure to do so negates the applicability of the presumption under Section 113B of the Indian Evidence Act.

JUDGMENT :

Subhash Chand, J.

1. Both these Criminal Appeals have been preferred against the judgment of conviction dated 14.02.2018 and the order of sentence dated 16.02.2018 passed by the learned Additional Sessions Judge-VII, Dhanbad in Sessions Trial No. 95 of 2010, whereby the learned trial Court has convicted the appellants under Sections 304(B)/34 of the Indian Penal Code and sentenced them to undergo RI for ten years for the charge under Section 304(B)/34 of the Indian Penal Code.

2. Since both Criminal Appeals have been directed against the common impugned judgment, hence, both these appeals are being decided by this common judgment.

3. The brief facts of the prosecution case leading to these Criminal Appeals are that the fardbeyan of the informant Ram Kinkar Mandal was recorded by S.I., N. K. Prasad of Govindpur Police Station on 03.05.2009 wherein the allegations are made that the marriage of his sister was solemnized with Raja Ram Mandal about four years ago and after six months of marriage, the father-in-law Gurupad Mandal, mother-in-law Sandhya Mandal, Dewar Sukmar Mandal and husband Raja Ram Mandal began to subject her to cruelty for demand of dowry and for non-fulfilment of the same. For which, the sister of the informant had also complained to them in regard to subjecting her to cruelty. One motorcycle was demanded and a Hero Honda Motorcycle of red colour was also given. Again, after six months, a colour T.V. of L.G. Company was also demanded and his sister was also harassed for the same demand, therefore, a T.V. was also given. The sister of the informant was blessed with a son who is two years old. At present, his sister is pregnant by seven months and thereafter, the sister of the informant was tortured and harassed. Three times Panchayat was held in the village but the husband of the sister paid no heed. On 02.05.2009 at 08:00 O’clock in the evening, information was received from the villagers that his sister has died in her in-law’s house. The informant along with his family members and persons of the village reached to her in-law’s house and found the dead body lying in a room. All the inmates of the in-law’s house had fled away from the house. The persons of the locality told that there was dispute between his sister and the members of her in-law’s house. The sister of the informant was throttled to death by all the family members of in-law’s house for non-fulfilment of demand of dowry. On this written information, Govindpur P.S. Case No. 107 of 2009 was registered under Section 304(B)/34 of Indian Penal Code against the accused, namely, Raja Ram Mandal, Gurupad Mandal and Sandhya Mandal, Sukuma Mandal and Nirmal Mandal.

4. The Investigating Officer after having concluded the investigation, filed charge-sheet against the accused Raja Ram Mandal, Sandhya Mandal and Gurupad Mandal under Section 304(B)/34 of the Indian Penal Code to the Court of learned Magistrate Concerned, who committed the case for trial to the Court of learned Sessions Judge, who further transferred the same to the learned Sessions Judge, FTC-III, Dhanbad.

5. The learned Trial Court framed the charge against all the three accused persons under Sections 304(B)/34 of the Indian Penal Code and the same was explained to them, all the accused persons denied the charge and claimed to face the trial.

6. On behalf of the prosecution to prove the charge against the accused in oral evidence examined altogether eleven witnesses i.e. P.W.-1, Ashok Mandal; P.W.-2, Gautam Mandal; P.W.-3, Nayan Mandal; P.W.-4, Bhawani Devi; P.W.-5, Saru Devi; P.W.-6, Sapan Kumar Sarak; P.W.-7, Ram Deo Mandal; P.W.-8, Chhotu Mandal; P.W.-9, Duryodhan Mandal; P.W.-10, Ram Kinkar Mandal and; P.W.-11, Nand Kishore Prasad; and in documentary evidence the prosecution has adduced Exhibit-1, Postmortem examination report of deceased Chandrika Devi; Exhibit-2, Signature of P.W.-7, Ram Deo Mandal on the fardbeyan; Exhibit-2/1, Signature of P.W.-7 Ram Deo Mandal on the fardbeyan; Exhi