The central legal point established in the judgment is the application of legal provisions related to 'dowry death' under Section 304-B IPC and the presumption under Section 113-B of the Evidence Act to prove the guilt of the appellants.

Rajiv Sharma, J

Since common questions of law and facts are involved in the above titled criminal appeals, hence the same are being taken up together and adjudicated by this common judgment.

2. These appeals bearing CRLA No.301 of 2012 and CRLA No.308 of 2012 are directed against the judgment and order dated 12.10.2010, rendered by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No.21 of 2009, whereby the appellants, were charged with and tried for the offences under Section 498-A, 304-B. 302 read with Section 34 of IPC and 3/4 of Dowry Prohibition Act. Appellant Diwan Singh was convicted and sentenced to undergo life imprisonment under Section 304-B of IPC and to pay a fine of Rs.5,000/-and in default of payment of fine to undergo rigorous imprisonment for a period of one year. Appellants Balbir Singh and Smt. Sulochana Devi were convicted and sentenced to undergo seven years rigorous imprisonment under Section 304-B of IPC and to pay a fine of Rs.1,000/-(each) and in default of payment of fine to undergo six months rigorous imprisonment. The appellants were acquitted under Section 302 of IPC.

3. The case of the prosecution, in a nutshell, is that Raghubir Singh submitted a tehrir to SHO, P.S. Devprayag, Tehri Garhwal with allegations that his daughter Rekha got married with appellant-Balbir Singh as per Hindu rites and rituals in the month of February, 2006. They have given sufficient dowry as per their status. However, the husband of her daughter, father-in-law and mother-in-law started harassing and torturing his daughter for bringing insufficient dowry and demanded a Gas-stove, golden necklace and Rs.50,000/-. On 26.03.2009, at about 10:30 PM, Gyan Singh Negi and other residents of Srikot informed that his daughter was missing since 6:00 PM. On 27.03.2009, in the morning, when he reached Srikot, he saw that his daughter was hanging from a tree. The inquest report was prepared. The postmortem examination was conducted on 28.03.2009. The ligature mark present in the neck below chin and above thyroid. It was going obliquely upward and backward. Length of ligature was 30cm width 2.5cm X 4cm dark patchment like skin with abraided, margins. Ligature mark was interrupted posteriorly on left side of neck. The investigation was carried out and the challan was put up after completing all the codal formalities. The prosecution has examined number of witnesses in its support. The statements of the appellants were also recorded under Section 313 of Cr.P.C. According to them, the deceased was ill and they were getting her treatment from Haridwar. They have not demanded any dowry. The appellants have been convicted and sentenced, as noticed hereinabove. Hence, these appeals.

4. Learned Senior Counsel for the appellants has vehemently argued that the prosecution has failed to prove its case beyond reasonable doubt against the accused-appellants. Learned counsel appearing on behalf of the State has supported the judgment dated 12.10.2012.

5. We have heard learned counsel for both the parties and perused the judgment and record carefully.

6. PW1 Pushkar Singh has testified that his brother’s name is Raghubir and his daughter’s name is Rekha. Her marriage was solemnized with Balbir in the year 2009. Rekha died on 26.03.2009. He has attended her marriage. They have fulfilled the demand of dowry. However, they could not give golden necklace and Gas-stove. The daughter of Diwan Singh was married after one year. Diwan Singh asked Raghubir Singh to give Rs.50,000/-, since he has paid Rs.50,000/-to his daughter’s in-laws in the marriage. Thereafter, Diwan Singh came to their village and they were apprised that they could not meet the demand and Diwan Singh was insisting them to pay Rs.50,000/-. Rekha used to meet him after marriage. She told him that her in-laws were demanding dowry. On 26.03.2009, the information of the death was received. 3-4 persons have gone to the village and told that Rekha was missing since 6:00 PM. They went