The prosecution must provide clear evidence to support a dowry death conviction, which was not met in this case.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Anurag Prasad, learned counsel for the appellant and Mrs. Priya Shrestha, learned Special P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 15.09.2000 passed by Sri Ghanshayam Prasad, learned Sessions Judge, Palamau at Daltonganj in S.T. No. 229/1999 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 304B IPC and has been sentenced to undergo imprisonment for life.

3. The prosecution case arises out of a written report of Ramjee Dubey, in which it has been stated that the sister of the informant, namely, Gayatri Devi, was married to Birendra Choubey (appellant) in the year 1995. Despite being given dowry at the time of the marriage, the husband and in-laws of the sister of the informant made a demand of further dowry of T.V., chain, etc. It has been alleged that after a week of the marriage, when the sister of the informant returned to her parental house, she complained of not being properly treated and made a request not to send her back. However, after much persuasion and by fulfilling a part of the demand, the sister of the informant returned back to her matrimonial house, but the torture upon her continued unabated. It has further been alleged that on 25.07.1998, the informant had gone to Garhwa Market for some personal work when he came to know about the death of his sister in the hospital. The informant suspected that due to the non-fulfilment of the demand of dowry, his sister has been burned to death by her husband and in-laws.

Based on the aforesaid allegations, Nagar Untari P.S. Case No. 74/98 was instituted under Section 304B IPC. On completion of investigation, charge sheet was submitted and after cognizance was taken, the case was committed to the Court of Sessions, where it was registered as S.T. No. 229/1999. Charge was framed against the accused under Section 304B IPC which was read over and explained to him in Hindi to which he pleaded not guilty and claimed to be tried.

4. The prosecution has examined as many as five witnesses in support of its case:

P.W.1 Alakh Narain Choubey has stated that the incident is of 2 years back. He had come to know that the son and daughter-in-law of his brother-in-law have suffered burn injuries. On the next day, he had gone to Garhwa Hospital, where he had seen Birendra Choubey being treated for burn injuries while Gayatri Devi was taken to Ranchi Hospital where, in course of treatment, she died. The in-laws of Gayatri Devi never demanded any dowry.

In cross-examination, he has deposed that there was a cordial relationship between Gayatri Devi and Birendra Choubey.

Birendra had never demanded any dowry and Gayatri Devi was never tortured. He had heard that Gayatri had caught fire from a ‘dhibri’ and Birendra sustained burn injuries while trying to save her.

P.W.2 Ramjee Dubey is the informant and the brother of the deceased, who has stated that the marriage of his sister was solemnized with Birendra Choubey in the year 1995 as per Hindu rites and customs. The incident is of 2 years back. He had gone to Garhwa Market when he came to know that a dead body has come to the hospital from village Sinsulia. When he went to the hospital, he found the dead body to be that of his sister. He has stated that about a week back he had gone to the matrimonial house of his sister, but his sister had not complained of any demand of dowry. Earlier, his sister had complained to her mother about the demand of a ring and other articles and the demand of a ring was fulfilled. When his younger brother had gone to meet his sister, she had made a complaint about the demand of dowry. He had made a request to the in-laws of his sister that he will not be able to fulfil any further demands. His sister had died due to burn injuries. The in-laws of his sister had not given the information about the death. He has proved the written report which has been marked as Exhibit-1.

In cr