IMPORTANT POINT
The judgment establishes that for a conviction under Section 304B IPC, the prosecution must prove the death was caused by dowry-related harassment, occurring within seven years of marriage, and that the evidence must be credible and reliable.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. These criminal appeals have been filed against the judgment and order dated 21.5.2019 passed by Sessions Judge, Aligarh, in Sessions Trial No. 849 of 2013 arising out of Case Crime No. 636 of 2013 under Sections 498A, 304B, 506 I.P.C. and Section 4 of D.P. Act, Police Station-Kwarsi, District-Aligarh, whereby the accused-appellants Nadeem Khan, Haneef Khan and Smt. Parveen have been convicted and sentenced to life imprisonment under Section 304B I.P.C.; two years rigorous imprisonment and fine of Rs.10,000/-under Section 498A I.P.C. and on failure of deposit of fine to undergo additional imprisonment of one month; six months rigorous imprisonment 506 I.P.C. five years rigorous imprisonment and fine of Rs.10,000/-under Section 4 of D.P. Act and on failure of deposit of fine to undergo additional imprisonment of one month. All punishments are to run concurrently.

2. Informant in the present case is the mother of the victim, who has made a written report to the concerned police station on 3.6.2013 (Ex.Ka.1) stating that her daughter Reena got married about four years back as per shariat laws with Nadeem Khan son of Haneef Khan (accused). She had given adequate dowry in marriage but the husband as well as father-in-law Haneef Khan, mother-in-law Smt. Parveen, Nanand Nazreen, Nandoi Shadab, Kareen and son of maternal uncle of Nadeem were not satisfied and were demanding a hero honda motorcycle and a colour T.V. As the dowry demand was not met the deceased was extended physical and mental cruelty. She was told that unless her parents arrange a hero honda motorcycle as well as colour T.V. and fridge she would be done to death. With great difficulty T.V. and fridge was arranged and given in dowry but the informant could not arrange for the motorcycle. On 2.6.2013 at about 5.00 PM accused persons mercilessly beat the deceased and told her that unless hero honda motorcycle is arranged by tomorrow she would not be spared. On 3.6.2013, at about 12.00 the informant alongwith his younger daughter Shabana visited her house to meet her. When the informant reached the house of the deceased she found that her son-in-law was holding a knife and slit the throat of his wife. Mother-in-law of the deceased Smt. Parveen, father-in-law Haneef Khan, sister-in-law Nazreen and Fareen, nandoi Shadab and son of Nadeem’s maternal uncle Saizi were holding hands, legs and head of the deceased. The mother-in-law exhorted that eliminate the deceased by slitting her throat. On raising of alarm by the informant various persons rushed to the spot and the accused persons, fled extending threats. The informant found her daughter dead. It is on this written report that a First Information Report came to be lodged under Sections 498A, 304B, 506 IPC and ¾ Dowry Prohibition Act, 1961 as Case Crime No. 636 of 2013. Investigation proceeded in the matter. Blood stained bed-sheet alongwith piece of bed, plain bedsheet alongwith broken bangles etc. were recovered from the place of occurrence. Accused Nadeem Khan was arrested and on his pointing out a blood stained knife was recovered from below the almirah on the second floor. Accused appellant admitted that with this knife he had committed the offence. The recovery memo of knife has been duly exhibited as Ex.Ka.2. Inquest was conducted on the date of incident at about 4.20 PM in the afternoon. Inquest witnesses opined that deceased had died on account of injuries sustained by her and her postmortem be conducted. It is thereafter that the postmortem has been conducted on the next day i.e. 4.6.2013 at 2.45 PM and following injuries have been found on the deceased:

“AMI-1 I.W. 11.5cmx5cmx organ deep on anterior upper part of neck. All structures trachea, oesophagus, bilateral carotid arteries and all other vessels & other vital parts cut.”

3. The investigation ultimately concluded with submission of charge-sheet under Section 498A, 304B, 506 IPC and ¾ of Dowry Prohibition Act, 1961 against acc