Dowry deaths necessitate a presumption of guilt if death occurs within seven years after marriage accompanied by evidence of cruelty or harassment for dowry, shifting the burden of proof to the accused.

JUDGMENT :

1. The present Criminal Appeal under Section 374 (2) of the Codeof Criminal Procedure, 1973 (hereinafter referred as to ‘Cr.P.C.’) has been filed by the appellants/accused Paras Nath Sahu and Umesh against the judgment and order dated 29.06.2012 passed by the Sessions Judge, District Pratapgarh, in Sessions Trial No. 273 of 2009 (State Vs. Paras Nath Sahu and another) arising out of Crime No. 143 of 2008, wherein they have been convicted and sentenced for punishment for the substantive offence under Section 304 -B I.P.C. for imprisonment of life, under Section 4 98 -A I.P.C. for three years rigorous imprisonment along with fine of Rs. 3000/- to each and in default of fine, one-year additional imprisonment and one-year of rigorous imprisonment along with fine of Rs. 2000/- to each, under Section 4 of the Dowry Prohibition Act and in default of fine six months’ additional imprisonment. The benefit of Section 4 28 of the Code of Criminal Procedure, 1973 relating to concurrent running of all the said sentences of conviction has also been granted to the appellant by the Ld. Trial Court.

CASE OF THE PROSECUTION

2. The case of the prosecution as elaborated by the learned Trial Court in the impugned judgment is briefly enumerated as herein under:

2.1 The complainant, Banshilal Gupta (P.W.-1), son of Mohanlal Gupta, resident of Shivani Ka Purwa, Vihar, Police Station Baghrai, District Pratapgarh, filed a written report (Exhibit- Ka-1) at Police Station- Baghrai on August 19, 2008, at 9:00 AM, leading to registration of a F.I.R. (Exhibit-Ka-3), stating inter-alia that he had arranged the marriage of his daughter, Sangeeta Devi, aged 21 years, with Umesh (Appellant No.2), son of Paras Nath Sahu, (Appellant No.1), resident of village Dandwa, Namdevpur, Police Station Baghrai, District Pratapgarh.

2.2 It was stated therein that ever since the wedding, which had been about three years ago, the daughter's husband, Umesh, and his father, Paras Nath, constantly harassed and physically abused Sangeeta, demanding dowry and asked her to go and bring a gold chain and money, which her daughter repeatedly told to her mother, brother and relatives. It was also stated by the defacto- complainant that his son-in-law(Umesh/Appellant No.2) is a habitual alcoholic.

2.3 It was also stated in the said F.I.R. that on August 19, 2008, at around 6:30 AM, his another son-in-law, Banwari Lal, son of Chedilal, a resident of Mangalpur, Police Station- Baghrai Disrict-Pratapgarh came to his house and informed that his daughter Sangeeta (since deceased) had been burned to death by her husband Umesh and her father-in-law Paras Nath, due to demands of dowry and the dead body is lying in her matrimonial home.

2.4 The complainant along with his son-in-law (Banwari lal)accompanied by other relatives arrived at the place of incident, wherein they came to learn that the incident had taken place last night.

3. Based on the aforesaid written report (Exhibit-Ka-1) filed by Banshilal Gupta (P.W.-1), Head Constable Sanjay Shukla at Police Station- Baghrai registered a chik preliminary information report (Exhibit-Ka-3) regarding this incident, which he referred in General Diary, Entry No. 4 and filed a permanent case dated 19.08.2008 at 9:15 AM (Exhibit-Ka-4)

4. The inquest report of the decease