The main legal point established in the judgment is the requirement to prove unnatural death and the lack of evidence to establish the offense of dowry death under Section 304-B of the Indian Penal Code.

Prafulla C. Pant, J (oral);-

This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 31.07.2010 / 02.08.2010, passed by Sessions Judge, Chamoli, in Sessions Trial No. 20 of 2008, whereby accused / appellant Abbal Singh Bhandari has been convicted under Section 304-B of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced to undergo imprisonment for life.

2) Heard learned counsel for the parties and perused the lower court record.

3) Prosecution story, in brief, is that accused / appellant Abbal Singh Bhandari got married to Pramila (deceased) in the year 2006. She (Pramila) died on 29.04.2008 in her husband's house in Village Dewar Khadora, within the limits of police station Kotwali Chamoli. After her death, P.W. 1 Jasveer Singh, brother of the deceased, lodged first information report (Ext. A -1) that his sister (Pramila) was subjected to cruelty for non-fulfillment of demand of dowry before her death. The complainant (P.W. 1) suspected that accused / appellant Abbal Singh has murdered his wife. On the basis of said report, Crime No. 209 of 2008 was registered at police station Chamoli (Kotwali) against accused / appellant Abbal Singh Bhandari (husband of the deceased), in respect of offence punishable under Section 304-B of I.P.C., and check report (Ext. A -14) was prepared. The investigation was taken up by Dr. Jagdish Chandra, Dy. Superintendent of Police (P.W. 9). On 29.04.2008, at about 04:10 P.M., dead body of the deceased was taken into possession by the police, and inquest report (Ext. A -2) was prepared. Other necessary papers viz. sketch of the dead body (Ext. A -5), police form No. 13 (Ext. A -6), sample seal (Ext. A -7), and letter to the Chief Medical Officer (Ext. A -8) were also prepared, and dead body of Pramila was sent in sealed condition for postmortem examination. On 30th of April 2008, Dr. V.P. Singh (P.W. 5) conducted postmortem examination on the dead body of Pramila. Though, he observed as many as six minor ante mortem injuries like abrasions, but opined that cause of death could not be ascertained. In the autopsy report (Ext. A -3) he observed that viscera was preserved. Meanwhile, the Investigating Officer interrogated the witnesses, inspected the spot, and prepared site plan (Ext. A -9). After completion of investigation, charge sheet (Ext. A -11) was filed by the Investigating Officer, against accused / appellant Abbal Singh Bhandari, in respect of offences punishable under Section 498-A and 304-B of I.P.C. After submission of charge sheet, report of Forensic Science Laboratory, Agra, was received in respect of viscera preserved, reporting that no chemical poison was found in stomach, piece of intestine, piece of liver, one kidney, spleen and piece of lung.

4) The Chief Judicial Magistrate, Chamoli, on receipt of the charge sheet in the month of June 2008, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the court of sessions for trial. Learned Sessions Judge, Chamoli, on 2nd of August 2008, after hearing the parties, framed charge of offence punishable under Section 498-A, and one punishable under Section 304-B of I.P.C. against accused Abbal Singh Bhandari, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P.W. 1 Jasveer Singh (informant and brother of the deceased); P.W. 2 Virendra Singh Aswal; P.W. 3 Rajeev Singh Mehta; P.W. 4 Parwati Devi (mother of the deceased); P.W. 5 Dr. V.P. Singh (who conducted the postmortem examination); P.W. 6 Sudarshan Singh (declared hostile); P.W. 7 Bhupati Raj Naib Tehsildar (who prepared inquest report); P.W. 8 Pratap Singh (declared hostile); P.W. 9 Dr. Jagdish Chandra (who investigated the crime); P.W. 10 Sub Inspector Shanti Godiyal (arresting officer); and P.W. 11 Head Constable Kunwar Singh Negi (who prepared check report of the basis of FIR). The oral and documentary

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