The prosecution must prove beyond a reasonable doubt that the accused committed the offense charged, and that the accused's actions were the cause of the victim's death.

R.L.Anand, J.

1. This is a criminal appeal filed by two brothers Krishan and Sat Pal sons of Bhala, and has been directed against the judgment and order dated 9.10.1987, passed by the Court of Additional District and Sessions Judge, Hisar, who convicted the appellants Under Section 304-B/201, IPC and sentenced them to undergo R.I. for a period of 7 years Under Section 304-B, IPC and RI for one year Under Section 201, IPC. The Trial Court also held that both the substantive sentences shall run concurrently.

2. The brief facts of the case can be described in the following manner :

3. Complainant Pirthi had four sons and two daughters. The name of one of his daughters was Hardei, who was married with Krishan, appellant in village Kharak Punia about 4/5 years before her death, which took place on the night intervening 2/3.11.1986. According to the complainant, he had spent about Rs. 15,000/- or Rs. 16,000/- on the marriage. However, Krishan, appellant, and his father Bhala, since deceased, were not satisfied with the dowry and they used to taunt and harass Hardei for bringing insufficient dowry and used to say that the) had contracted relationship with miserly people. Hardei started visiting her matrimonial home about 3/4 years before her death. She had given birth to a female child. This child was about one years and 9 months old at the time of her death. About a month before, the matter was reported to the police by Pirthi. Hardei had come to the house of her parents as she was tired of the maltreatment at the hands of the accused. She narrated her tale of woe to her parents. However, after some days, Badlu, grand-father of the accused came to village Bhongra and in the presence of Manphul, Amin Lal and Munshi, assured Pirthi that Hardei will not be harassed any longer and that she should be sent on his assurance. Pirthi took him on his words and sent Hardei after 10/15 days with his son Raj Kumar. Raj Kumar left her in Kharak Punia and returned to Bhongra. On 3.11.1986, Pirthi sent his son Raj Kumar to village Kharak Punia to enquire about the welfare of Hardei. Raj Kumar returned to Bhongra on the same day and told that Hardei had already died and that she had already been cremated. No intimation about her death or cremation was sent to her parental side. On getting this information, Pirthi, Bhartu and Dalipa went to village Kharak Punia to find out the facts for themselves. They made enquiries about the cause of death of Hardei and came to know that accused Krishan and Satpal and their father Bhala used to harass and maltreat Hardei and frustrate, she was driven to commit suicide.

4. Pirthi lodged this report with the police on 6.11.1986 on which the investigation was taken into hand. The police went to village Kharak Punia. The accused were not available on 6th and 7th November, 1986. The police went to Kharak Punia on 9.11.1986 and on that day the leather string, Ex. P1, was produced by Bhaia, since deceased, which was taken into possession vide recovery memo, Ex. PD. On the identification of Bhala, the burnt pieces of bones and ash were taken into possession by the police from the cremation ground after making a sealed parcel in a gunny bag.

5. Risal Singh was present in the Panchayat in which Pirthi disclosed about the death and cremation of his daugther Hardei and was one of the persons who advised Pirthi to go to village Kharak Punia to enquire about the facts for himself. On 6.11.1998, the Panchayat, again, collected, before whom Pirthi told about what he had ascertained in village Kharak Punia and about the matter having been reported by him to the police. Risal Singh and some other villagers had gone to village Kharak Punia on 7.11.1986 to enquire into the matter and after getting information that Hardei had been driven to commit suicide, they returned to their village.

6. On 8.11.1986, the appellants and their father Bhala came to Risal Singh and made an extra judicial confession about their having harassed