To secure a conviction for dowry death, the prosecution must cogently establish that the woman was subjected to cruelty connected to dowry demands soon before her death. Failure to prove these foundational facts prevents the court from invoking the statutory presumption of guilt against the accused.

In compliance of order dated 30.1.2025, the Senior Superintendent of Police, Bhagalpur has sent a report to this Court through Letter No. 195, which speaks that the appellant no.3 namely, Bisulia Devi, wife of Bhushan Tanti had died, whereas other appellants are alive and, therefore, the present appeal stands abated against appellant no.3 Bisulia Devi (in Cr. Appeal (SJ) No.574 of 2004).

2. Now, the present appeals survive against appellants Vijay Tanti @ Bijay Tanti, Shambhu Tanti, Kanhai Tanti (in Cr. Appeal (SJ) No.518 of 2004), Munna Tanti and Bhushan Tanti (in Cr. Appeal (SJ) No.574 of 2004).

3. As learned counsel appearing for respective appellants/convicts has failed to appear repeatedly when this matter was taken on Board for final hearing, therefore, this Court appointed Mr. Abhas Chandra, learned Advocate as an Amicus Curiae to assist in disposal of appeals.

4. Both appeals have been preferred by the respective appellants-convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction and order of sentence dated 08.07.2004 passed by learned 3rd Additional Sessions Judge, Bhagalpur in Sessions Trial No.770 of 2003 arising out of Jagdishpur P.S. Case No.4 of 2002, whereby the trial court has convicted all above-named appellants under Sections 304-B and 201 read with 34 of the Indian Penal Code (for short ‘IPC’) and sentenced them to undergo rigorous imprisonment for ten years under Section 304-B of IPC and rigorous imprisonment for three years under Section 201 read with 34 of the IPC. Both sentences have been ordered to run concurrently.

5. The brief case of prosecution, as per fardbeyan of informant namely, Suresh Tanti (PW-3), recorded by police on 06.01.2001 at about 3.30 P.M. at the bank of Golphara Katiara river that his daughter Rinki Devi was married with accused/appellant Munna Tanti two years ago according to Hindu Rites and Rituals in which he has paid Rs. 15,000/- against dowry demand of Rs.20,000/- at the time of marriage and balance amount of Rs.5,000/- was due to be paid. After the marriage, the deceased Riki Devi gone to her matrimonial home and when she returned her parental home after some days, she complained to her father that appellant Munna Tanti (husband), father-in-law, namely, Bhushan Tanti, cousin father-in-law Shambhu Tanti, Kanhai Tanti, Vijay Tanti and her mother-in-law always used to abuse and assault her due to non-payment of balance amount of Rs.5,000/- and they always used to told her that she would allow to return her sasural only after paying the said amount otherwise she would be done to death and her husband would perform second marriage. It was further stated that daughter of informant Rinki Devi fled away to her “nanihal” at Saino in the house of one Prasadi Tanti, where at the time of Dashhara, the appellants came there and requested for bidai and gave assurance that henceforth no torture would be meted to her. Believing on them, the informant allowed Rinki Devi to go with them to her “sasural”. On 16.01.2002, when the informant came to sasural of her daughter at Chhote Yogibir, then he found his daughter and all members of her matrimonial house absent from the house. Thereafter, he searched for them and then came to know form the villagers that her daughter had fled away i