The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry demands to establish a dowry death under Section 304-B of the IPC.

SURESHWAR THAKUR, J.

1. Through the instant application, the aggrieved victim-complainant prays for leave being granted, to challenge the verdict of acquittal, as made on 5.4.2017, upon Sessions Case No. 57 of 2016/20.8.2016, by the learned Additional Sessions Judge, Rewari. The above made verdict of acquittal, upon the accused concerned, was in respect of charges drawn against them qua offences punishable under Sections 498-A, 304-B read with Section 34 of the IPC

Factual Background

2. The genesis of the prosecution case, is rested upon the apposite FIR, to which Ex. PL is assigned. The narrations carried in the appeal FIR Ex. PL are that, on 11.072016, Krishan Kumar gave a complaint against his son-in-law Manish Kuumar, Mona Manish's sister, Sunita mother of Manish and Ram Chander grandfather of Manish, with the allegations that he had married his daughter Pooja, on 03.06.2015 with accused Manish but after marriage, Pooja was mentally, and, physically tortured by the main accused for want of sufficient dowry. It is further alleged, that Sunita being mother-in-law along with her daughter Mona, who is married, had been torturing Pooja for dowry. That about such torture, Pooja had informed her brother, and, on 04.07.2016 an information was received on mobile that Pooja had committed suicide by hanging. Thereafter the complainant went to Kharagwas village, and, signed certain documents, as he was disturbed because of this incident, but now in full senses, he has made a complaint that the accused had forced his daughter to commit suicide, as she was unable to meet their demand of dowry including car and cash.

Investigation proceedings

3. That, on receipt of the complaint, a case under Sections 498-A, 304-B read with Section 34 IPC was registered. Post-mortem examination on the dead body of Pooja was conducted, and, sealed parcels were sent to FSL, Madhuban for analysis. Spot was inspected and its photographs were clicked. Accused Manish was arrested on 14.07.2016, and, his disclosure statement was recorded. The scaled site plan of the place of occurrence was prepared. Further investigation was conducted by DSP Mohammad Jamal, and, only accused Manish and Sunita were found involved in this case. On 02.08.2016, accused Sunita was arrested, and, her disclosure statement was recorded. During investigation, Mona daughter of Mukesh and Ram Chander son of Mool Chand were found innocent. After conclusion of investigations into the FIR bearing EX. PL, the investigating officer concerned, proceeded to institute a report under Section 173 of the Cr.P.C., before the learned committal Court concerned.

Committal Proceedings

4. Since the offence under Section 304-B of the IPC was exclusively triable by the Court of Session, thus, the learned committal Court concerned, through a committal order made on 12.8.2016, hence proceeded to commit the accused to face trial before the Court of Session.

Trial Court Proceedings

5. The learned trial Judge concerned, after receiving the case for trial, subsequent to its becoming committed to him, made an objective analysis of the incriminatory material, adduced before him. Resultantly, he proceeded to draw charges against the accused, for offences punishable under Sections 498-A, 304-B read with Section 34 of the IPC. The afore drawn charges were put to the accused, to which they pleaded not guilty, and, claimed trial.

6. In proof of its case, the prosecution examined 10 witnesses, and, thereafter the prosecution evidence was closed. After the closure of prosecution evidence, the learned trial Judge concerned, drew proceedings, under Section 313 of the Cr.P.C., but thereins, the accused pleaded innocence, and, claimed false implication. They also chose to adduce defence evidence, and, led only one defence witness into the witness box.

7. As above stated, the learned trial Judge concerned, proceeded to make an order of acquittal, upon the accused concerned.

Submissions of the learned counsel for the appellant

8. The learn