The main legal point established is that demands for dowry, including non-material demands such as gold ornaments, and the resulting cruelty leading to an unnatural death, constitute offenses under relevant sections of the IPC and the Dowry Prohibition Act, 1961.

Prafulla C. Pant, J.

These two appeals have been preferred by the appellant against the judgment and order dated 17-3-2010, passed by the Sessions Judge, Champawat in Sessions Trial No.21/2008, whereby the accused appellant Suresh Ram has been convicted under Section 304-8, 498-A IPC and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961. He (accused appellant) has been sentenced to imprisonment for life and directed to pay fine of Rs. 5,000/ under Section 304-8 IPC, rigorous imprisonment for a period of two years and directed to pay fine of Rs. 1,000/- under Section 498-A IPC, and rigorous imprisonment for a period of five years and directed to pay fine of Rs. 15,000/- under Section 3/4 of the Dowry Prohibition Act, 1961

2. Heard learned Counsel for the parties and perused the trial court's record.

3. Prosecution story, in brief, is that appellant Suresh Ram got married to Nanda Devi (deceased) about one and half year before her death. After her marriage, Nanda Devi lived with her husband (appellant) in her village Buga Chokni in District Champawat. Prosecution case is that appellant Suresh Ram used to made demands of dowry and beat his wife for non-fulfillment of the same. The deceased when visited her parents, told about the demands and physical cruelty she had underwent. The parents of Nanda Devi refused to send back their daughter to Suresh Ram's house thereafter for two months. But when Rami Ram (father of the accused appellant) and Ganesh Ram (PW5) came and took responsibility of safety and security of Nanda Devi, her parents allowed her to go with them. When accused appellant again started assaulting his wife Nanda Devi, his father sent him to Delhi in connection with a job. During that period Nanda Devi remained happily in her in-laws' place. Again after about ten months, accused appellant Suresh Ram came back to his village and started making demands of dowry and committed physical cruelty against his wife. For a day, Nanda Devi went to her father's place with her husband and told there about the fresh developments. This time, the parents of the deceased persuaded her and, hoping that everything would calm down, sent her back to her in-laws' place. But after about 8-10 days, the parents of Nanda Devi received message that their daughter has died. On this, PW1 Ummed Ram, father of the deceased, went to the village Buga Chokni and found his daughter hanging from a wooden beam in her husband's house.

4. The matter of unnatural death of Nanda Devi was reported to the police and inquest report (Ex. A-2) was prepared on 10-8-2008, and dead body was sent in sealed condition along with other necessary papers like Police Form No. 13 (Ex.A-4), sketch of the dead body (Ex.A-5), sample seal (Ex.A-6) and letter to the Chief Medical Superintendent (Ex. A-7) requesting for post-mortem examination. On 11-8-2008, a team of two doctors, viz., Dr. P.D. Pangaria (PW7) and Dr. P. K. Dube, conducted the post-mortem examination and found ligature mark around the neck of the deceased. Team of the doctors opined that deceased (Nanda Devi) had died of Asphyxia due to ante mortem hanging. In the meantime, on the very day (118-2008), Ummed Ram (PW1), father of the deceased, lodged the First Information Report (Ex.A-1) with Police Station Kotwali Champawat, where on its basis, Crime No. 251/2008 was registered relating to offences punishable under Sections 398-A, 304-B IPC and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961 against the accused appellant Suresh Ram, and check report (Ex. A-8) was prepared. The crime was investigated by PW11 Harish Chand Sati, Dy. Superintendent of Police, who interrogated the witnesses and inspected the spot, and on completion of investigation, submitted chargesheet (Ex.A-11) against the accused appellant Suresh Ram for his trial in respect of the offences punishable under Sections 498-A, 304-B IPC and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961.