Conviction under Section 304B set aside due to lack of evidence for dowry demand; conviction under Section 302 upheld based on established homicide.

JUDGMENT :

Ananda Sen, J.

We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.

2. This Criminal Appeal arises out of the judgment of conviction dated 18.03.2017 and order of sentence dated 21.03.2017 passed in Sessions Trial No. 172 of 2013 whereby and whereunder learned Additional Sessions Judge-III, West Singhbhum at Chaibasa convicted the appellant under section 304B of the Indian Penal Code and sentenced him to undergo imprisonment for life.

3. By the impugned judgment the appellant who is the husband of the deceased has been convicted for committing offence punishable under section 304B of the Indian Penal Code. The trial Court had framed charge under section 304B of the Indian Penal Code and also under section 302 of the Indian Penal Code but by the impugned judgment appellant has been acquitted of the charge under section 302 of the Indian Penal Code and the conviction is only in respect of section 304B of the Indian Penal Code.

4. FIR is at the instance of PW3 who is brother of the deceased who stated that the deceased was married with this appellant sometime in June 2008. Initially she resided happily with this appellant in her matrimonial home but thereafter demand of Rs. 20,000/- and a motorcycle was made for which she was tortured and harassed. On 22.12.2012 he received an information that his sister has been burnt to death in her matrimonial home.

5. On the basis of the aforesaid fardbeyan, Jhinkpani PS Case No. 38 of 2012 was registered under section 304B of the Indian Penal Code against the appellant.

6. After investigation, the Investigating Officer submitted chargesheet against the appellant for the offence punishable under Section 304B of the Indian Penal. On the basis of chargesheet and material on record cognizance was taken and the case was committed to the Court of Sessions where the trial Court initially framed charge under section 304B of the Indian Penal Code but thereafter amended the charge and added section 302 of the Indian Penal Code also.

7. To prove the prosecution case, altogether 8 witnesses were examined by the prosecution, who are :-

8. Some documents were exhibited which are :

9. After closure of the evidence statement of the appellant was recorded under section 313 of the Cr.PC where he denied all the allegations which was levelled against him.

10. The trial Court thereafter considering the evidence, convicted the appellant for committing the offence under section 304B of the Indian Penal Code and acquitted the appellant from the charge under section 302 of the Indian Penal Code.

11. Section 304-B of the Indian Penal Code reads as follows:

“304B. Dowry death.—(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or rel