The prosecution must establish a direct connection between the demand for dowry and the death of the woman within seven years of marriage to prove dowry death under Section 304B, IPC. Cruelty under Section 498A, IPC includes any willful conduct likely to drive a woman to commit suicide or cause grave injury to her life, limb, or health.

R. L. Anand, J.

1. By this judgment, I dispose of two Criminal Appeals No.547-SB of 1995 (Sat Pal V/s. State of Haryana) and 425-SB of 1996 (State of Haryana V/s. Sat Pal) as both the appeals have arisen from the judgment dated 8-1995 and order dated 8-8-1995 passed by the court of Additional District and Sessions Judge. Hisar who convicted the appellant u/s.304b read with sec. 498a, I. P. C. sentenced him to undergo R. I. for a period of 7 years u/s.304b. I. P. C. but the trial court did not pass any separate sentence u/s.498a, I. P. C. keeping in view the fact that the appellant was convicted for the major offence.

2. Brief facts of the case are that the present appellant Sat Pal along with Banwari Lal. Sat Narain, Saraswati and Vimla were tried for the offence u/s.304b and 498a, I. P. C. and the case set up by the prosecution in the trial court was that Neelam deceased was married to the appellant Sat Pal on 15-5-1989. At the time of the marriage sufficient dowry articles were given to the deceased as per the capacity of the complainant party but the accused persons were not satisfied with the dowry articles given to the deceased Ishwar Singh, father of the deceased, had expired about one year prior to her marriage. Balwant Singh, P. W.7 elder brother of the deceased used to visit her matrimonial home situated in Village Pilli Mandoori. District Hisar. As and when he visited the house of his sister the deceased used to complain to her brother that she was being treated with cruelty by the appellant and his companions on account of demand of dowry. Similarly as and when the deceased used to visit the house of her parents situated in Village Baruwali-1, she used to make a narration to her brother that the appellant and his companions were harassing her for bringing more dowry from the house of her parents. Further the deceased used to tell that all the accused had also given her beatings on account of bringing inadequate dowry. So much so, the deceased wrote certain letters to her parents complaining that cruelty was being meted out to her on account of insufficient dowry. After hearing these complaints, complainant Balwant Singh. Kasturi Devi, his mother in the company of other respectables went to the house of the appellant Panchayat was also arranged. It is the story of the prosecution that one month prior to the death of Neelam, a Panchayat was convened by the complainant party consisting of Amar Singh, Sarpanch. Bhajan Lal. Panch. Balbir, Panch and Mohan Lal, a retired D. S. P. In the said Panchayat. Appellant Sat Pal and his father Banwari Lal (since acquitted) had put a demand of Chest (Tijori) and a sum of Rs.10,000.00 and they also assured the complainant party that in future they would not harass the deceased. After that, the demand of Chest (Tijori) was met by the complainant party but it could not make the provision of Rs.10,000.00 so that it may be paid to the appellant, However, an assurance was given to the accused that the amount would be arranged within two months. On 8-3-1995 the deceased had also attended the marriage of the son of her uncle, at Village Bikaner in District Rewari, and from there, she had straightaway gone to her in-laws house.

3. The story of the prosecution proceeds that on 11-3-1994 at about 6/7 PM. Neelam committed suicide or she was murdered at the house of her in-laws in Village Pilli Mandoori and in this regard information was received by the complainant-party at about 11-30 P. M. on the same day through one Mahabir son of Budh Ram, resident of Village Pilli Mandoori. On receipt of the information. P. W.7 Balwant Singh, who is complainant in this case and P. W.8 Kasturi Devi along with Sarpanch Amar Singh had first gone to Sirsa and from there they took Mohan Lal. a retired D. S. P. their relation and then they all reached village Pilli Mandoori. They saw the dead body of Neelam lying on the cot in the Chobara of her in-laws, house. On their further enquiry it transpired that