A conviction for dowry death requires proof that an unnatural death occurred within seven years of marriage following a history of dowry-related cruelty. While the husband is liable upon consistent evidence of such demands and torture, other family members cannot be held responsible without substantive evidence of direct involvement.

JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Shubham Sinha, learned Amicus Curiae for the appellants and Mrs. Priya Shrestha, learned Spl. P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 06.10.1997 passed by Shri Lakhan Kumar Sahay, learned Sessions Judge, Gumla in S.T. No. 144/1996, whereby and whereunder, the appellant no. 1 has been convicted for the offence punishable u/s 304(B) of the IPC and Section 4 of the Dowry Prohibition Act and has been sentenced to undergo R.I. for life u/s 304(B) of the IPC and R.I. for 2 years u/s 4 of the Dowry Prohibition Act while the rest of the appellants have been convicted for the offences u/s 498(A) of the IPC and Section 4 of the Dowry Prohibition Act and have been sentenced to R.I. for 2 years for the offence u/s 498A of the IPC and R.I. for 2 years for the offence u/s 4 of the Dowry Prohibition Act. All the sentences were directed to run concurrently.

3. The prosecution case arises out of a complaint case lodged by Md. Ayub Khan, in which, it has been stated that the sister of the complainant namely, Reshma Khatoon was married to Jamruddin Khan in the year 1993 and at the time of marriage there was a demand of a Rajdoot motorcycle and Television but the complainant and his family members expressed their inability to accede to such demand because of financial constrains. When the sister of the complainant went to her matrimonial house the demand was once again made and when approached the father and the brother of Reshma Khatoon once again expressed their inability to meet such demand as they were poor persons. The sister of the complainant was taken back to her matrimonial house where she was abused, assaulted and tortured. In the meantime, a son was born to Reshma Khatoon who was separated from his mother and she was threatened that till the dowry demand is not fulfilled she will not have any respite from the torture. It has been stated that recently Jamruddin Khan had taken Reshma Khatoon to village Choriya where he had asked the cousin brother of Reshma Khatoon as to why despite three years of marriage the demand was not fulfilled, at which, Jamruddin Khan was told of the troubles been faced by the family and in course of time everything will be settled. It has been alleged that on 26.01.1996 at 6:00 P.M., an information was received that Reshma Khatoon is sick, at which, the complainant and some family members had gone to the matrimonial house of Reshma Khatoon where her dead body was found lying in the courtyard. The accused persons had disclosed that Reshma Khatoon had set her ablaze and her child and the information was furnished to the Police station and postmortem had also been done. The complainant came to know from the persons of the locality that Reshma Khatoon used to be regularly tortured and she was murdered.

The complaint was sent to the Police u/s 156(3) Cr.P.C. where it was registered as Chainpur P.S. Case No. 9/96. 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. 144/1996. Charge was framed against the accused Jamruddin Khan u/s 304(B) of the IPC and Section 4 of the Dowry Prohibition Act, while against the rest accused persons u/s 304(B)/34 of the IPC and Section 4 of the Dowry Prohibition Act which was read over and explained to