The main legal point established is that for a charge under Section 304-B, there must be evidence of cruelty or harassment in connection with dowry demand, and in the absence of such allegations, no prima facie case can be made out.

JUDGMENT

N.S. Dhanik, J. - By means of this application under Section 482 Cr.P.C., applicant has prayed for quashing the charge-sheet and summoning order dated 15.07.2019 passed by learned Chief Judicial Magistrate, Pithoragarh in Criminal Case No. 536 of 2019, "State vs. Bhuvneshwari Devi", under Section 304-B & 498-A of IPC, registered at P.S. Kotwali Pithoragarh, District Pithoragarh.

2. Facts, in brief, are that on 15.04.2019 respondent no. 2 (Krishnand Bhatt) lodged an F.I.R. against the husband of the deceased stating therein that on 15.04.2019 the son-in-law of the respondent no. 2 informed him that the daughter of the respondent no. 2 had consumed the tablet of Disprin and thereafter became faint. She was brought to the hospital where the Doctors declared her dead. In the FIR, it is also stated that the respondent no. 2 had apprehension that the death of his daughter is unnatural because the behavior of the mother-inlaw with the deceased was not good and the statement of the husband of the deceased was also contradictory.

3. Pursuant to the FIR lodged by the respondent no. 2, investigation was made and police submitted the charge-sheet against the husband and mother-in-law of the deceased and during the investigation, it was revealed that the co-accused, namely, Naveen Kapri (husband of the deceased) committed suicide on 17.04.2019. Thereafter, the Court below has summoned the applicant to face trial for the aforementioned offences.

4. Learned Senior Counsel for the applicant submits that the only allegation against the applicant is that her behavior was not normal with the deceased but there is no allegation regarding dowry demand or any kind of harassment. He further submits that soon thereafter, after two days of the death of the deceased, the husband of the deceased was also committed suicide; and their child aged about two and half years is being looked after by the present applicant. Furthermore, applicant is a senior citizen; has no concern with the alleged incident and the respondent no. 2 leveled the allegation against her due to sudden loss of the deceased.

5. In the counter affidavit filed on behalf of the respondent no. 2, it is stated that the applicant and her son had not demanded any dowry but due to sudden death of the deceased, the respondent no. 2 became annoyed and as a result, he lodged the present FIR against the applicant and her son.

6. Learned State Counsel submits that the statements of the witnesses were recorded under Section 161 Cr.P.C. and all the witnesses have supported the prosecution version. She also submits that the deceased was died under unnatural circumstances in her matrimonial house.

7. Section 304-B of IPC deals with the dowry death which reads as under:

"(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.

(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."

8. In order to appreciate the application of Section 304-B, the essential ingredients are:-

(i) The death of a woman should be caused by burns or bodily injury or occurs otherwise than under normal circumstances.

(ii) Such a death should have been caused within seven years of her marriage.

(iii) She must have been subjected to cruelty or harassment soon before her death by her husband or any relatives of her husband.

(iv) Such cruelty or harassment must be in connection with any demand for dowry.

9. It is undisputed case of the parties that marriage of the deceased (wife) had taken place within seven years of the incident. It is al