Lack of evidence to prove dowry demand or harassment is crucial in determining the guilt under Sections 498A of I.P.C. and Section 4 of the Dowry Prohibition Act.

Judgment

N.K. Gupta, J.;-

1. Both the criminal appeals arose from a common sessions trial. The evidence is common therefore the appellants Pawan Kumar, Halkebhai etc. have preferred this appeal against the judgment dated 14.8.1997 whereas the appellant Gopi Bai has preferred this appeal against the judgment dated 26.11.1999 passed by IIIrd Additional Sessions Judge, Sagar in ST No. 333/1993 and therefore, both the appeals are decided by a common judgment. The appellants have preferred these appeals against the judgments dated 14.8.1997 and 26.11.1999 passed by the learned IIIrd Additional Sessions Judge, Sagar in ST No. 333/1993 whereby the appellants were convicted for offences punishable under Sections 498A of I.P.C. and Section 4 of the Dowry Prohibition Act and sentenced for two years rigorous imprisonment with fine of Rs. 500/- and one years rigorous imprisonment with fine of Rs. 500/- In each default of payment of fine two months additional imprisonment was directed.

2. The prosecution's case in short is that on 16.5.1993 Narayan Prasad (PW 1) had submitted a merg intimation Ex. P/1 to the Police Station Rehli, District Sagar that his daughter Sudha had expired on 16.5.1993 at about 11.00 a.m. in her husband's house. She was married to the accused Halkebhai. The appellants were demanding dowry from the deceased and her parents. They were demanding a fan and T.V. Due to that appellants declined to send the deceased Sudha to the house of her parents for 2-3 times. Ultimately the complainant Narayan Prasad delivered a fan 15 days prior to her death to the appellants but, they did not send his daughter with him. It is suspected by the complainant that the deceased was killed by the appellants. He had also stated in the merg intimation that he was informed by appellant Pavan and one Sishu that the daughter of the complainant had expired then the complainant informed that he would lodge a report at Police Station Gadhakota and thereafter he would visit the house of the appellants. However, the cremation was done by the appellants on the same day. After receiving the merg intimation a panchayatnama lash was prepared of the remains of the deceased Sudha after her funeral. Some portion of remains was send for forensic science analysis but, according to the Forensic Science Laboratory, no poison was found in her remains. After due investigation a charge sheet was filed before the JMFC Rehli who committed the case to the Sessions Court, Sagar and ultimately it was transferred to the IIIrd Additional Sessions Judge, Sagar (Camp Rehli).

3. The appellants abjured their guilt. They have stated that the deceased was kept with comfort. There was no demand from the side of the appellants. The deceased died due to her abdominal problem. Her death was a natural death. Father of the deceased was duly informed about the death of the deceased but, neither he went to the house of the appellants nor he had lodged any report within 4-5 hours of the intimation and therefore, funeral of the deceased Sudha was done in a routine manner. In defence Shriram Pandey (DW 1) and Dr. Munnalal (DW 2) were examined.

4. After considering the evidence adduced by the parties the learned IIIrd Additional Sessions Judge vide judgment dated 14.8.1997 acquitted the appellants Pavan Kumar, Halkebhai, Jwala Prasad Pandey and Ramanbai for offences punishable under Sections 304B and 201 of I.P.C. but convicted them for offences punishable under Section 498A of I.P.C. and Section 4 of Dowry Prohibition Act and sentenced them as mentioned above. When the appellant Gopi Bai was arrested a fresh trial was directed but the learned Additional Sessions Judge did not examine the witnesses afresh. Their examination-in-chief was used as it is and an opportunity of cross examination was given to the appellant Gopi Bai and thereafter vide judgment dated 26.11.1999 the learned IIIrd Additional Sessions Judge, Sagar (Camp Rehli) acquitted the appellant Gopi Bai from the charges of offence