The burden of proving harassment or cruelty related to a dowry demand soon before death under Section 304B of the Indian Penal Code must be discharged by the prosecution.

JUDGMENT :

INDIRA BANERJEE, J.

1. This appeal filed by the State of Haryana is against a judgment and order dated 3.5.2012 passed by a Division Bench of the High Court of Punjab and Haryana at Chandigarh allowing the appeal filed by the respondents, reversing the judgment of conviction passed by the learned Additional Sessions Judge, Jhajhar convicting the respondents under Sections 498A read with Section 304B of the Indian Penal code and acquitting the respondents.

2. The victim (Babli) and her sister (Neeru) were married to two brothers, Kartar (Respondent No.3) and Pawan, sons of Smt. Angoori Devi (Respondent No.1) and Akhey Ram (Respondent No.2). After 3 ½ years of marriage the victim, wife of Kartar Singh (Respondent No.3) died of burn injuries.

3. The victim’s father (hereinafter referred to as the ‘complainant’) lodged an FIR, pursuant to which Sessions Crime No. 9 of 29.3.1996 was commenced. It was alleged that about 1 & ¼ years ago when his daughter Babli was pregnant, her in-laws had asked her to leave the house and return only if she brought Rs.60,000/-.

4. It is alleged that the victim informed her parents about this demand and she started living with her parents. She gave birth to a daughter, after which she stayed with her parents for 5 to 6 months. Thereafter, the complainant requested the accused to take the victim back. It is stated that the victim has lived with her in-laws for about 20 days, after which she was thrown out from her matrimonial home. Her mother-in-law (Respondent No. 1) and father-in-law (Respondent No. 2) demanded gold ring and a chain. It is stated that a village Panchayat was convened after which Babli was sent to her in-laws house on 29.10.1995. On 3.12.1995, the complainant came to know about the death of the victim. He came to know that the victim had been burnt to death. He went to the spot and saw the dead body.

5. According to the complaint, since the victim had died due to torture and beating by her in-laws to press their demand for dowry, the matter was reported to the Sadar Police Station, Bahadurgarh. Investigation was commenced and the body of the victim was sent for post mortem examination. The post mortem report opined that the cause of death was shock as a result of anti-mortem superficial deep burns over entire body.

6. The prosecution examined nine witnesses. No witnesses were examined on behalf of the defence. In the examination under Section 313 of the Code of Criminal Procedure, the respondent No. 3, Kartar Singh, husband of the victim, deposed that the respondent Nos. 1 and 2, being his parents, resided separately.

7. The complainant who deposed as the 4th prosecution witness (PW4) stated that immediately after marriage the respondent started harassing the victim for dowry and also used to beat his daughter. The victim was thrown out of the house when she was in the family way as they wanted her to bring Rs.60,000/-in cash, gold articles and a Refrigerator.

8. According to the complainant, as he could not afford to give cash and ornaments, the victim was thrown out. While the victim was at his house, she gave birth to a girl child. After about six months, through the intervention of a Panchayat, he sent the victim back to her matrimonial home. No member of the Panchayat was examined.

9. The victim stayed there for 15-20 days, after which she was set on fire and killed by the accused. According to the complainant, Rakesh, elder brother of Akhey Ram (Respondent No. 3) came to his village and told him about the death of the victim. Thereafter, the complainant along with villagers went to the house of accused and saw the victim lying dead.

10. The complainant has, in his evidence, claimed that his younger daughter, Neetu told him that the victim had been killed by the accused and later set on fire after pouring kerosene oil on her body. The younger daughter Neetu was, however, not examined by the prosecution.

11. The victim’s brother, Subhash who deposed as the 5th prosecution witness (