Conviction under Sections 498A and 304B IPC requires proof of cruelty linked to dowry demands causing a woman's suicide within seven years of marriage.

SWARANA KANTA SHARMA, J.

1. The instant appeal under Section 374 read with Section 482 of the Code of Criminal Procedure, 1973 (‘ Cr.P.C .’) has been filed by the appellant impugning judgment of conviction and order on sentence dated 16.04.2009 and 21.04.2009 respectively passed by learned Additional Sessions Judge, Rohini, Delhi in case FIR bearing no. 180/2000 registered at Police Station Prashant Vihar for offence punishable under Section 498A /304B/34 of Indian Penal Code, 1860 (‘ IPC ’).

BRIEF FACTUAL BACKGROUND

2. Briefly stated, the facts of the present case are that the appellant herein had got was married to the deceased on 28.03.1999 according to Sikh rites and ceremonies, and a daughter was born to the couple on 08.01.2000. It is the case of the prosecution that as per the statement of the parents of deceased Harmeet Kaur, she was being subjected to harassment for non-fulfillment of demands of dowry. The deceased had committed suicide in her matrimonial home on 31.05.2000 by hanging herself to the ceiling fan in her bedroom. It is stated that the appellant was not present at home at that time and when he had come, he had found the deceased hanging to the ceiling fan. Thereafter, he had taken her to the hospital where she was declared brought dead. The parents of the deceased were immediately informed and a complaint was lodged by the father of deceased at Police Station Prashant Vihar alleging that the deceased was being harassed since they were not able to fulfill their demand of a car, and she was being tortured and harassed on that account by the appellant and other family members. The father had also informed the police that earlier also, a report had been lodged with the Crime Against Women Cell by the complainant and there a compromise had taken place, and the deceased had been taken back to her matrimonial home by the appellant after giving assurance that he will not repeat such acts of torture and harassment in future, however, the harassment had continued. Thereafter, the present FIR was registered against appellant herein and his sister namely Ravinder Kaur and his brother namely Surjit Singh and his parents. Thereafter, appellant herein and other accused persons were arrested. During pendency of trial, co- accused i.e. parents of appellant herein had passed away. During investigation, complainant/father of victim had handed over two letters written by the victim.

3. By way of impugned judgment dated 16.04.2009, learned Trial Court had acquitted appellant’s sister and brother and had convicted the appellant herein under Sections 498A /304B of IPC . By way of impugned order on sentence dated 21.04.2009, learned Trial Court had convicted the appellant to undergo rigorous imprisonment of 10 years for offence punishable under Section 304B of IPC and rigorous imprisonment of 3 years for offence punishable under Section 498A of IPC , alongwith fine of Rs. 10,000/- and to undergo simple imprisonment of 6 months in case of default thereof.

4. Aggrieved by the aforesaid, appellant had filed the present appeal. The appeal was admitted on 19.05.2009 and the sentence of appellant was suspended on 13.07.2009.

ARGUMENTS ADRESSED BEFORE THIS COURT

5. Learned counsel for appellant submits that appellant had remained in judicial custody for 4 years and 11 months. It is stated that father of deceased had improvised his statement and had made false allegations against the appellant. It is stated that impugned order had been passed on the basis of hearsay statements. It is also stated that on the day of the incident, appellant herein had gone to purchase a scooter. It is further stated that appellant and his family had not demanded any dowry from family of deceased at the time of marriage as