The main legal point established in the judgment is that the accused can be convicted under Section 304B IPC and Section 3/4 of the Dowry Prohibition Act if the prosecution proves that the deceased was subjected to cruelty and harassment for the demand of dowry soon before her death.

JUDGMENT :

Ramesh Chandra Khulbe, J.

The present appeal has been filed by the State Government against the judgment and order dated 07.06.2002 passed by the learned Additional Sessions Judge, Udham Singh Nagar in S.T. No. 399 of 2001, whereby the accused was not found guilty and, accordingly, acquitted under Sections 304B IPC and Section 3/4 of the Dowry Prohibition Act.

2. The factual matrix of the case is that, the informant – Sunil Kumar Yadav S/o Jairam Singh Yadav, resident of Shanti Nagar, Bilaspur, District Rampur submitted an application at Chowki Majhola under Police Station Khatima, District Udham Singh Nagar on 31.07.2001 stating therein that the marriage of her younger sister Mamta was solemnized with Rajendra Singh Yadav on 19.06.1998, as per Hindu rites and rituals and had given dowry as per his capacity. Husband of his sister Rajendra Singh immediately after marriage started demanding Rs.50,000/-. The sister of the informant told about this several time to the informant. The informant and his family members convinced Rajendra Singh Yadav several times. Brother-in-law of the informant is working as Teacher in Primary School, Bhiliya (Jamour), District Udham Singh Nagar. On 30.07.2001, in the night, at about 10.00 P.M an unknown person informed, over phone, the informant that Rajendra Singh has burnt his sister Mamta by pouring Kerosene oil on her. On this, the informant and his family reached at Jamour on 31.07.2001, in the morning, at 7:00 A.M. and saw that her dead body was lying in burnt condition. Brother-in-law of the informant was not there at the spot. It is alleged that Mamta was burnt and murdered by her husband in greediness of dowry. On the basis of the above information, Ex.Ka-1, Chick FIR Ex.Ka-13 was registered at the Police Chowki.

3. The initial investigation of case was carried out by investigating Officer C.O, Rudrapur, PW6 Smt. Vimla Gunjyal. She inspected the spot of incidence, prepared site map marked as Ex.Ka-5A and statement of witnesses was recorded. Ex.Ka-14 is the carbon copy of G.D., Ex.Ka-2 panchnama, Ex.Ka-3 Postmortem Report, Ex.Ka-4 medical examination report regarding the burnt marks found on the body of deceased Mamta, Ex.Ka-5 Report of Doctor to Police Station regarding admission of deceased in hospital, Ex.Ka-6 letter of Tehsildar addressed to I.O regarding conducting post-mortem, Ex.Ka-7 letter of Tehsildar, Khatima addressed to CMO regarding carrying out postmortem of dead body of deceased. Ex.Ka-8 sketch of dead body, Ex.Ka-9 sample of stamp, Ex.Ka-10 letter regarding sending the clothes of deceased dead body after postmortem and Ex.Ka-11 is Report of collection sample of mud from the place of incidence. Thereafter, the investigation was handed over to PW7 D.S. Kunwar, who recorded the statements of the witnesses. After completion of investigation, charge sheet (Ex.Ka-6) was submitted under Section 304B IPC and Section 3/4 of the Dowry Prohibition Act.

4. After compliance of Section 207 of the Cr.P.C., the concerned Magistrate committed the case to the Court of Sessions for trial. Accordingly, the concerned Court took the cognizance. Thereafter, the concerned Court framed the charges against the respondent for the offences punishable under Section 304B IPC and under Section 3/4 of the Dowry Prohibition Act but he pleaded not guilty and claimed to be tried.

5. To prove its case, the prosecution examined PW1 Sunil Yadav- informant, PW2 Bhuri Devi, mother of the victim, PW3 Sanjiv Kumar, PW4 Dr. Vimal Kumar Srivastava, ENT Surgeon, PW5 Dr. Prakash Chander Pandey, PW6 Smt. Vimla Gunjyal, CO, Rudrapur, who is the first I.O. of the case, PW7 D.S. Kunwar, DSP, Khatima, the Investigating Officer and PW8 Krishna Singh, Tehsildar, who prepared panchnama.

6. PW1 Sunil Yadav is the informant and stated that the marriage of his sister Mamta was solemnized on 19.06.1998 with accused Rajendra Singh. After the marriage, the accused kept his sister along with him for a year. Thereafter, accused dema