The onus shifts to the accused to prove innocence once prima facie case for dowry death is established.

Pronounced On 18.07.2022

1. Heard Sri Hemant Kumar Shikarwar learned counsel for the appellant and Mr. A.K. Tiwari learned A.P.P for the State.

2. This appeal is directed against the judgment of conviction and order of sentence dated 27/08/2014, (sentence passed on 28/08/2014) passed by Sri J. P .N. Pandey, sessions Judge, Chatra in connection with S.T. No. 101/2011, arising out of Rajpur P.S. Case No. 52/2010, Corresponding to G.R. No. 935/2010, holding the appellant Arun Kumar Singh @ Arun Singh guilty of offence under sections 304B/120 B of the Indian Penal Code and thereby sentencing him to undergo imprisonment for life.

3. Prosecution case was instituted on the basis of written report dated 06/11/2010 of the informant Ram Swaroop Singh, alleging therein that his daughter Pushpa Devi was married to the appellant Arun Kumar Singh @ Arun Singh in 2008. Their marriage was solemnized at Bhadrakali Mandir as per Hindu rites and customs. After one year of marriage appellant started demanding Hero Honda motorcycle as additional dowry and to enforce the demand Pushpa Devi was tortured. It is further alleged that on 02/11/2010 informant had gone to matrimonial house of his daughter where the appellant reiterated his demand for motorcycle and threatened that if his demand was not met by Diwali, Pushpa Devi would not live till the day of Diwali. Informant has alleged that on 05/11/2010 his daughter Pushpa Devi was immolated to death by the appellant and co-accused persons in her matrimonial home.

4. Police after investigation submitted charge-sheet against the appellant on 07/04/2011, while investigation against the other accused persons was kept pending. Cognizance of the case was taken by the learned C.J.M. Chatra on the same day under sections 304 B and 120B of the Indian Penal Code . Case was committed to the court of Sessions on 19/05/2011 by learned Chief Judicial Magistrate Chatra. Charge was framed against the appellant on 21/06/2011 under sections 304B/120B of the , which was read over and explained to him in Hindi, to which he pleaded not guilty and claimed to be tried.

5. In order to prove its case prosecution has adduced both oral and documentary evidence.

6. Statement of the appellant was recorded under section 313 Cr.P.C. on 25/02/2014. Defence is general denial of occurrence and false implication.

7. Appellant has examined two defence witnesses. A case has been made out that the deceased Pushpa Devi had committed suicide by locking herself in the room from where her dead body was recovered in burnt condition.

8. On the basis of both oral and documentary evidence adduced by the parties, the learned Sessions Judge, Chatra, held the appellant Arun Kumar Singh @ Arun Singh guilty and sentenced him accordingly.

9. Sri Hemant Kumar Shikarwar, learned counsel for the appellant, submitted that independent witnesses have stated that there was Cordial relationship between the appellant and his wife, these witnesses have stated that there was no demand of dowry as alleged by the informant. Attention has been drawn towards deposition of defence witnesses, who have stated that the room from where the deceased was found was locked from inside and it was forced open by the villagers who had tried to douse the fire. Mr. Hemant Kumar Shikarwar further submitted that deceased had committed suicide. She was not immolated by the appellant or his family members.

10. Sri A.K. Tiwari, learned counsel for the State, submitted that deceased Pushpa Devi died an unnatural death within seven years of her marriage. He has also submitted that the prosecution has been able to show that there was demand of dowry and to enforce the demand, the dec