The legal principle established is that the prosecution must prove cruelty for making a demand of dowry to convict under Section 304B, and the acquittal under Section 498A, if not challenged, is final and absolute.

R.S. Garg, J.

1. The accused persons stand convicted for commission of offence Under Section 304B, Indian Penal Code and have been awarded 7 years R.I. Being aggrieved by the conviction and award of the sentence, the appellants have preferred this appeal.

2. The prosecution case, in brief, is that Geetabai wife of appellant No. 1 committed suicide at about 10 a.m. on 27th June, 1990. When the matter was reported to the police, offence was registered and after completing the investigation the charge sheet was filed.

3. The prosecution case, in brief is that deceased Geetabai daughter of Panna Lal was married to the accused Phool Singh somewhere in the year 1988. The appellant No. 1 is the husband and the appellant No. 2 is the mother-in-law of the deceased. The prosecution case proceeds and states that on 27-6-1990, the village Choukidar Lalaram s/o Hazarilal lodged a report to the police that he was informed by one Pappu that his Bhabhi (sister-in-law) had committed suicide. The police made usual investigation and filed charge sheet.

4. The accused persons denied the guilt and inter alia pleaded that they never made any demand of dowry, they did not harass the deceased; they were never cruel to the deceased and there could have been any other reason for commission of suicide by her. The trial Court framed the charges Under Sections 498A and 304B.

5. After recording the evidence and hearing the parties, the trial Court acquitted the accused persons of charges framed Under Section 498A, but awarded 7 years sentence after Finding them guilty Under Section 304B. Being aggrieved by the said judgment, the appellants have filed this appeal.

6. Learned counsel for the appellants contends that acquittal of the appellants Under Section 498A would remove the very foundation on which the appellants could be convicted for commission of the offence punishable Under Section 304B.

7. On the other hand, Shri Gupta, learned Government Advocate submits that independent of acquittal Under Section 498A, the appellants were rightly convicted for commission of the offence Under, Section 304B.

8. Section 498A of Indian Penal Code reads as under:-

"Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation. - For the purpose of this section, 'cruelty' means:-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."

9. The thrust of the legislature in enacting Section 498A is that when husband or the relative of the husband of a woman, subjects such woman to cruelty, they shall be punished. Section 498A has been enacted and brought in the statute book so that the helpless woman is saved from the unhuman/inhuman behaviour of her husband and his relatives. The cruelty as led in the explanation appended to Section 498A takes into its sweep the 1 conduct which is likely to drive a woman to commit suicide or to cause injury or danger to life, limb or health of the woman or harassment of woman where such harassment is with a view to coercing her or any an related to her to meet any unlawful demand. The learned trial Court, wisdom has acquitted the accused persons of charges Under Section Their acquittal would mean that the learned Judge did not find that husband or relatives of the husband subjected the woman to cruelty either wilful conduct which was likely to drive the woman to commit suicide f causing harassment to the woman with a view to coercing her or any on related to her to meet any unlawf