The main legal point established in the judgment is the application of the amended definition of dowry under the Dowry Prohibition Act, the burden of proof under Section 113-B of the Indian Evidence Act in cases of dowry death, and the culpability of the accused for demanding dowry and subjecting the deceased to cruelty and harassment.

( 1 ) STATE of U. P. has lodged this appeal against the judgment and order of acquittal dated 21-1-1998 passed by Sri m. A. Khan, the then Sessions Judge muzaffarnagar in Sessions Trial No. 68 of 1989. The four accused-respondents-Ajai kumar, Shiv Swaroop, Anil Kumar Gupta and Smt. Sangeeta have been acquitted of the charges of Ss. 498-A and 304-B, I. P. C. and S. 3/4 of Dowry Prohibition Act. The accused-respondent No. 3-Anil Kumar gupta is the husband of the deceased Poonam, whereas accused-respondent No. 1-Ajai Kumar is the younger brother of the former. Accused-respondent No. 2 Shiv swaroop is the father-in-law of the deceased poonam and the accused-respondent No. 4 sangeeta is the sister of the husband of the deceased.

( 2 ) THE facts necessary to be stated for the decision of the appeal may be related. The incident took place in between the night of 6/7th June, 1988 in Mohalla Kambalwala bagh within Police Station New Mandi, muzaffarnagar and the report was lodged on 7-6-1988 at 8. 50 a. m. by Dharmendra kumar Jain P. W. 1, father of the unfortunate victim of this felony. The distance of the Police Station from the place pf occurrence was about 1/2 Km. The parents of the victim resided at Khatauli, a town nearby muzaffarnagar. The complainants-daughter poonam was married to Anil Kumar on 20-4-1987. Just after the marriage, the fc-ur accused-respondents allegedly started torturing her to bring more dowry. She was subjected to repeated beatings. She gave birth to a male child about four months before the occurrence and then the accused-respondents started demanding VCR as also rs. 20. 000/- in cash. The complainant was not in a position to fulfil this demand. It caused annoyance to the accused-respondents who threatened the victim of dire consequences and subjected her to increased cruelty. On 6th June, 1988 at about 11 a. m. the victim telephoned to her relation Ram kumar Vaish P. W. 2 at Muzaffarnagar complaining about her torture and requested him to see her. Ram Kumar Vaish P. W. 2 reached her house in the evening. He heard shrieks of Poonam issuing from the house. Her husband Anil Kumar, Anil Kumars brother Ajay Kumar and sister were shouting inside the house loudly. Ram Kumar vaish P. W. 2 rang the bell evoking Anil kumar to come out, but he did not allow him to meet Poonam. Ram Kumar Vaish told the complainant about all this at Khatauli at about 10 p. m. Then in the early morning on 7-6-1988 at about 7 a. m. the complainant along with his sons Alok and Atul and ram Kumar Vaish P. W. 2 reached the house of accused-respondents but no one was present there. The neighbours told them that in the night accused-Anil, his brother and sister had taken Poonam to the hospital when her condition was serious and she was crying "mujhe JAHAR DEKAR MARR diya. " On reaching the District Hospital, they came to know that Poonam had breathed her last and her dead body was lying there. No one of her in-laws was to be found in the hospital.

( 3 ) DHARMENDRA Kumar Jain P. W. 1 (father of the victim) then lodged the F. I. R. whereupon a case was registered and investigation started at the hands of S. H. O. Shyam Singh Tomar P. W. 8.

( 4 ) IT is not disputed that the victim was admitted in the District Hospital on 7-6-1988 at 1 a. m. as a case of suspected poisoning by her husband Anil Gupta (deceased ). Dr. N. C. Tyagi P. W. 7 had examined her. Her general condition was very low. Pulse was not palpable and B. P. not recordable. She was gasping and pupils were dilated. Pungent smell from mouth was present, heart sound was very feeble and she was unconscious. She had breathed her last at 1. 40 a. m. The dead body, after completion of formalities was subjected to postmortem which was conducted by Dr. Suresh chandra P. W. 5 on 7-6-1988 at 4 p. m. She was aged about 24 years. The body was of average built. Rigor mortis had passed through neck and was present in the rest of the body. The following ante-mortem injuries were found o