The judgment establishes the importance of proving dowry demands, harassment, and the circumstances leading to the death of the deceased in cases of dowry death under Section 304-B of the Indian Penal Code.

Amar Dutt, J.

1. Through the present judgment, we propose to dispose of Criminal Appeal No. 489-DBA of 2001, Criminal Appeal No. 161-SB of 2001, Criminal Revision Nos. 1245 and 1251 of 2001.

2. Arun Garg, his father Sham Lal Garg and mother Smt. Shimla Garg were tried in Sessions Case No. 29 of 13.8.1999 by the Sessions Judge, Ludhiana for offences under Sections 304-B, 498-A and 406 of the Indian Penal Code, who, vide judgment dated 22.1.2001, acquitted Sham Lal Garg and Smt. Shimla Garg and convicted Arun Garg under Section 304-B, I.P.C. and sentenced him to undergo regorous imprisonment for a period of ten years and to pay a fine of Rs. 2,000/-or in default of payment of fine to undergo further rigorous imprisonment for a period of two months.

3. No one was satisfied by the conclusion arrived at by the Sessions Judge, Ludhiana. State of Punjab filed Criminal Appeal No. 489-DBA of 2001 to challenge the acquittal of Sham Lal Garg and Smt. Shimla Garg. Arun Garg filed Criminal Appeal No. 161-SB of 2001 against his conviction and sentence recorded by the Court under Section 304-B, I.P.C. The father of the deceased Seema, Ramesh Chander Bansal had filed two separate Revision Nos. 1245 and 1251 of 2001, the first challenging the acquittal of parents-in-law of deceased Seema and the second seeking enhancement of the sentence imposed upon Arun Garg.

4. Briefly stated, the facts of the prosecution, as brought out in the testimony of its witnesses, are that the marriage between Seema daughter of Ramesh Chander Bansal P.W. 1 and appellant Arun Garg took place on 25.2.1996. From the wedlock,a son and a daughter were born to the couple. According to Ramesh Chander Bansal complainant, at the time of the marriage, he had given sufficient dowry and cash amount of Rs. 2 lacs. In spite of this, within a few days, the deceased had informed him that her husband and parents-in-law were not satisfied with the dowry given to her at the time of marriage and used to taunt her on having brought insufficient dowry. On 10.4.1996, the deceased had apprised her father on telephone about the demand made by her husband and parents-in-law for Rs. 40,000/-. Thereupon, Ramesh Chander Bansal along with Prakash Chand and Sohan Lal, who were responsible for arranging the marriage, had visited the house of the accused. During this visit, Arun Garg and Smt. Snimla Garg had told Ramesh Chander Bansal that he had given less dowry at the time of marriage and should provide dowry articles worth Rs. 40,000/-. Upon asking of Prakash Chand and Sohan Lal, the complainant is stated to have purchased articles worth Rs. 20,000/- and handed over the same to the accused. The complainant further stated before the police that the accused did not allow Seema to see her parents nor had they allowed her to visit the house of her parents since February, 1997. On the eve of Teej festival, when the complainant and his wife had gone to see Seema, they have been told by Seema that her husband, father-in-law, mother-in-law and sister-in-law Neena who had visited the house of her parents in those days were maltreating her and demanding more cash. Again the complainant along with Prakash Chand, Sohan Lal and one Hazur Singh resident of Model Gram, Ludhiana had gone to the house of the accused and on this occasion, the accused and Neena were advised not to harass Seema for more dowry. The sharassment did not stop. The accused continued maltreating Seema. On 26.3.1999, Seema had telephoned her father and informed him that her husband, father-in-law, mother-in-law and sister-in-law Neena were planning to kill her. On account of his inability to obtain leave from his office, the complainant could not visit the deceased immediately and on 28.3.1999, on receiving the information that either the accused or Neena had administered some poisonous substance to Seema or Seema had consumed poison on her own accord, the complainant and his wife reached Dayanand Medical College and Hospital, Lud