General allegations without specific evidence are insufficient for conviction under Section 304B of IPC; however, a dowry demand and unnatural death within seven years justify conviction.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

Heard Mr. Kaushal Kishore Mishra, learned counsel appearing for the appellants and Mr. S.K.Srivastava, learned A.P.P. appearing for the State.

2. Appellants of both the criminal appeals have challenged the judgment of conviction dated 21.06.2006 and order of sentence dated 22.06.2006 passed by learned 5th Additional Sessions Judge (F.T.C.), Jamtara in Sessions Case No. 35 of 2005/98 of 2003, whereby and whereunder, the appellants have been held guilty for the offence under Sections 304B / 34 of the I.P.C. and sentenced to undergo R.I. for seven years.

FACTUAL MATRIX

3. The factual matrix giving rise to these appeals is that daughter of the informant namely, Chameli Devi (deceased) was married with the one Deo Narayan Mondal (appellant in Cr.A.(S.J.) No. 1308/2006) in the year 1999 in accordance with Hindu rites and customs. It is alleged that at the time of marriage, as per capacity, dowry was given and informant’s daughter went to her matrimonial home and started discharging her matrimonial obligations and also gave birth to female child. After birth of female child, a demand of Rs. 5,000/- was raised from her as an additional dowry, which could not be fulfilled, due to poverty of informant. As a result of which, the deceased was subjected to cruelty and torture by all the accused persons and ousted from matrimonial home several times. It is alleged that ultimately on 01.06.2002 at about 5:00 PM a message was given to the informant that his daughter has been admitted at Narayanpur Hospital, due to diarrhoea. The informant went to said Hospital, but did not find his daughter and when he went to her matrimonial home, where his daughter dead body was lying on a cot and there was black ligature mark on her neck. Her in-laws were absconding from the house.

4. On the basis of fardbeyan of informant, FIR being Narayanpur P.S. Case No. 36 of 2002 dated 01.06.2002 was registered against the accused persons for the offence under Sections 304B read with Section 34 of the I.P.C.

5. After completion of investigation, the I.O. of the case has submitted charge sheet. Cognizance of the offence was taken and subsequently, the case was committed to the court of Sessions. Charges have been framed for the offences under Sections 304B/34 and 302/34 of the I.P.C., to which the accused persons denied the charges, pleaded not guilty and claimed to be tried.

6. In order to substantiate the charges leveled against accused persons, altogether nine witnesses were examined by the prosecution. Apart from oral evidence of ocular witnesses, following documentary evidences were also adduced:-

Exhibit-1 : Signature of Jagdish Mondal & & 1/1 Sital Mondal respectively on fardbeyan.

Exhibit-2 : Signature of witnesses on & 2/1 inquest report.

Exhibit-3 : Fardbeyan.

Exhibit-4 : Formal F.I.R.

Exhibit-5 : Inquest report.

Exhibit-6 : Post-mortem report of Chameli Devi.

8. On the other hand, the defence has also examined five witnesses and also adduced following documents:-

Exhibit-A : Invitation card of marriage of & A/1 Chameli Devi and it’s envelop respectively.

Exhibit- : Invitation card along with A/2 envelope of the marriage of Chameli Devi.

Exhibit-B : Invitation card of marriage of Tejeshwar with Malti Devi.

Exhibit-C : Prescription of Chameli Devi.

9. After conclusion of trial, considering the evidence adduced by the prosecution and defence, acquitted the appellants for the offence under Section 302/34 of the I.P.C., but convicted and sentenced for the offence under Section 304B / 34 of the I.P.C., which has been assailed in these appeals.

Argument on behalf of appellants in Cr.A.(S.J.) No.901 of 2006

10. Learned counsel for the appellants has vehemently argued that the appellants happened to be bhaisur, mother-in-law and gotni of the deceased, against whom there was general and omnibus allegation simply dema