The judgment establishes the application of the presumption of dowry death, the concept of cruelty, and the burden of proof in cases of dowry-related deaths.

This criminal appeal has been filed by the appellant Anchan @ Ravi Shanker, son of Balak Ram Mishra, resident of village Salempur, Police Station Bangarmau, District Unnao challenging the judgment and order dated 9.1.2008 passed by Additional Sessions Judge, Court No.2, Unnao in ST No.393 of 2006 (State v. Balak Ram and others), arising out of case crime no.267 of 2006, under Sections 498-A, 304-B IPC and Section 4 of the Dowry Prohibition Act, Police Station Bangarmau, District Unnao by which he was convicted under Section 304-B IPC and was directed to undergo 7 years RI, under Section 498-A IPC for 2 years RI and fine of Rs.1000/- and under Section 4 of the Dowry Prohibition Act for 2 years RI and fine of Rs.1000. In default of payment of fine, further 1 year SI.

2. Facts, in brief, are that Ritu daughter of Krishna Kumar was married with Anchan @ Ravi Shanker on 29.4.2004 in which sufficient dowry, as per the capacity of the informant, was given, but the In-laws and other matrimonial relatives were not happy and satisfied with the dowry, and after some time they started torturing and harassing Ritu for golden chain, buffalo and colour TV. On 4.5.2006, at about 3 pm, the informant received information that his daughter has been burnt by her matrimonial relatives. He went to inquire about his daughter, and on the way, he came to know that his daughter has been taken to Unnao by an ambulance. When he reached Government Hospital, Unnao, he found his daughter dead, and there were several injuries on her body. An FIR was lodged in Police Station Bangarmau on 5.5.2006 at about 9.30 pm, and the investigation was entrusted to the Circle Officer Arun Kumar Srivastava. After investigation, charge sheet under Sections 498-A, 304-B IPC and Section ¾ of the D.P. Act was submitted against Balak Ram, Anchan @ Ravi Shanker, Babloo, Smt. Kiran and Smt. Ram Dulari. After taking cognizance, the learned Magistrate committed the case for trial, and the learned Sessions Judge, Court No.2, Unnao framed charge against the accused persons under Sections 498-A, 304-B IPC and Section 4 of the D.P. Act. The accused persons pleaded not guilty and claimed to be tried.

3. In order to prove its case, the prosecution had examined Krishna Kumar Pandey, father of the deceased as PW-1, Smt. Nisha, mother of the deceased as PW-2, Dr. Rajesh Kumar Agarwal as PW-3, Madan Prasad Srivastava, Naib Tehsildar as PW-4, Sharda Shankhwar, S.I. As PW-5, Hukum Singh, Head Constable as PW-6 and Arun Kumar Srivastava, Circle Officer, who had investigated the case, as PW-7. After close of prosecution evidence, the statement of the accused persons under Section 313 Cr.P.C.

4. Balak Ram has stated in his statement under Section 313 Cr.P.C. that Ritu was preparing food and while she was preparing food, accidently, her clothes caught fire on account of which she received burn injuries.

5. Accused Anchan @ Ravi Shanker has stated in his statement under Section 313 Cr.P.C. that he was in his school. After school was over, he came to his house. His wife told him that she is bringing food and she went to prepare food while he was waiting in his room, and all of sudden, he heard cries 'cpkvks cpkvks', then he rushed and found that Ritu has caught fire. He extinguished the fire, and his uncle and other had come, then they took her to Bangermau Hospital, and from there they took her to Unnao Hospital, where she died. He has further stated that when he went to his wife she has caught fire. On alarm, his uncle came till that time she was burning. He went to his room and came with a blanket and tried to extinguish the fire. He had received some blisters in his hand. They took his wife for treatment. They did not inform the police regarding burning of his wife. At the time of incident his father was in the garden. When he reached, the fire was extinguished.

6. Kiran in her statement under Section 313 Cr.P.C. has stated that after the marriage of Anchan @ Ravi Shanker