CRA-S-1538-SB-2004 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

Whether only operative part of the judgment is Pronounced : No

Whether full judgment is pronounced:

RAMESH & OTHERS

STATE OF HARYANA

CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL

Present:

RUPINDERJIT CHAHAL, J.

1.

order of sentence dated 16.07.2004 passed by the learned Additional

Sessions Judge, Bhiwani, in FIR No. 133 dated 17.09.2001 registered under

Sections 304

whereby the appellants were convicted under Section 304

rigorous imprisonment for a period of

each and under section 498

2004 (O&M)

-1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRA-S- 1538

Reserved on: 20.05.2026

Pronounced on:

Uploaded on:

Whether only operative part of the judgment is Pronounced : No

Whether full judgment is pronounced: Yes

& OTHERS

Versus

STATE OF HARYANA

CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL

Dr. Anmol Rattan Sidhu, Senior Advocate with

Mr. Eshan Garg, Advocate

for the appellants.

Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana.

*****

RUPINDERJIT CHAHAL, J.

The present appeal arises out of the judgment of conviction and

order of sentence dated 16.07.2004 passed by the learned Additional

ssions Judge, Bhiwani, in FIR No. 133 dated 17.09.2001 registered under

Sections 304-B of the Indian Penal Code, 1860, at Police Station Badhra,

whereby the appellants were convicted under Section 304

rigorous imprisonment for a period of 7 years along with fine of

each and under section 498-A IPC to undergo rigorous imprisonment for a

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

1538-SB-2004 (O&M)

Reserved on: 20.05.2026

Pronounced on: 23.07.2026

Uploaded on: 23.07.2026

Whether only operative part of the judgment is Pronounced : No

....Appellants

....Respondent

CORAM: HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL

Dr. Anmol Rattan Sidhu, Senior Advocate with

Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana.

The present appeal arises out of the judgment of conviction and

order of sentence dated 16.07.2004 passed by the learned Additional

ssions Judge, Bhiwani, in FIR No. 133 dated 17.09.2001 registered under

B of the Indian Penal Code, 1860, at Police Station Badhra,

whereby the appellants were convicted under Section 304-B IPC to undergo

7 years along with fine of ₹2,000/-

A IPC to undergo rigorous imprisonment for a

The present appeal arises out of the judgment of conviction and

order of sentence dated 16.07.2004 passed by the learned Additional

ssions Judge, Bhiwani, in FIR No. 133 dated 17.09.2001 registered under

B of the Indian Penal Code, 1860, at Police Station Badhra,

B IPC to undergo

-

A IPC to undergo rigorous imprisonment for a

CRA-S-1538-SB-2004 (O&M)

period of one year along with fine of

payment of fine, to further undergo rigorous imprisonment for six months

each. Both the sentences were ordered to run concurrently.

2.

registered on the statement of the complainant

father of the deceased, Smt. Sunita.

2.1.

no.1, Ramesh, on 15.06.1995 according to Hindu rites and ceremonies. At

the time of marriage, sufficient dowry articles were allegedly given

according to the financial capacity of the complainant

subsistence of the marriage, the deceased and appellant no.1 were blessed

with a son.

2.2.

dissatisfied with the dowry brought by the deceased, started harassing and

maltreating h

demand of a scooter and a sum of

failure to fulfil the said demand, the deceased was allegedly subjected to

harassment and cruelty from time to time. A Pan

pursuant to which the deceased was sent back to her matrimonial home;

however, the appellants allegedly did not mend their behaviour.

2.4.

Sections 498

against the accused persons, which was subsequently resolved amicably.

2004 (O&M)

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period of one year along with fine of ₹1000/

payment of fine, to further undergo rigorous imprisonment for six months

Both the sentences were ordered to run concurrently.

The prosecution case, in brief, is that the FIR in question was

registered on the statement of the complainant

father of the deceased, Smt. Sunita.

As per the prosecution, Smt. Sunita was married to appellant

no.1, Ramesh, on 15.06.1995 according to Hindu rites and ceremonies. At

the time of marriage, sufficient dowry articles were allegedly given

according to the financial capacity of the complainant

subsistence of the marriage, the deceased and appellant no.1 were blessed

It was alleged that after the marriage, the appellants, being

dissatisfied with the dowry brought by the deceased, started harassing and

maltreating her. It was further alleged that appellants raised an unlawful

demand of a scooter and a sum of ₹21,000/

failure to fulfil the said demand, the deceased was allegedly subjected to

harassment and cruelty from time to time. A Pan

pursuant to which the deceased was sent back to her matrimonial home;

however, the appellants allegedly did not mend their behaviour.

It is further the case of the prosecution that an FIR under

Sections 498-A and 406 of the Indian Penal Code had earlier been registered

against the accused persons, which was subsequently resolved amicably.

₹1000/-, each and in default of

payment of fine, to further undergo rigorous imprisonment for six months

Both the sentences were ordered to run concurrently.

The prosecution case, in brief, is that the FIR in question was

registered on the statement of the complainant-Balwant Singh, who is the

As per the prosecution, Smt. Sunita was married to appellant

no.1, Ramesh, on 15.06.1995 according to Hindu rites and ceremonies. At

the time of marriage, sufficient dowry articles were allegedly given

according to the financial capacity of the complainant. During the

subsistence of the marriage, the deceased and appellant no.1 were blessed

It was alleged that after the marriage, the appellants, being

dissatisfied with the dowry brought by the deceased, started harassing and

er. It was further alleged that appellants raised an unlawful

₹21,000/- from the complainant. On his

failure to fulfil the said demand, the deceased was allegedly subjected to

harassment and cruelty from time to time. A Panchayat was convened,

pursuant to which the deceased was sent back to her matrimonial home;

however, the appellants allegedly did not mend their behaviour.

It is further the case of the prosecution that an FIR under

an Penal Code had earlier been registered

against the accused persons, which was subsequently resolved amicably.

, each and in default of

payment of fine, to further undergo rigorous imprisonment for six months

The prosecution case, in brief, is that the FIR in question was

Balwant Singh, who is the

As per the prosecution, Smt. Sunita was married to appellant

no.1, Ramesh, on 15.06.1995 according to Hindu rites and ceremonies. At

the time of marriage, sufficient dowry articles were allegedly given

. During the

subsistence of the marriage, the deceased and appellant no.1 were blessed

It was alleged that after the marriage, the appellants, being

dissatisfied with the dowry brought by the deceased, started harassing and

er. It was further alleged that appellants raised an unlawful

from the complainant. On his

failure to fulfil the said demand, the deceased was allegedly subjected to

chayat was convened,

pursuant to which the deceased was sent back to her matrimonial home;

It is further the case of the prosecution that an FIR under

an Penal Code had earlier been registered

CRA-S-1538-SB-2004 (O&M)

2.5.

Satbir made a telephonic call to the complainant, whereupon he visited the

matrimonial home of the deceased. It is alleged that the appellants again

raised an unlawful demand for a scooter and a sum of

complainant expressed his inability to fulfil the said demand.

2.6.

complainant that Smt. Sunita had set herself ablaze and had been shifted to

PGIMS, Rohtak. Upon receipt of a wireless message regarding the death of

the deceased due to burn injuries, ASI Jagmal Singh reached PGIMS,

Rohtak, where the complainan

present FIR was registered.

2.7.

persons.

3.

Appellant no. 4

vide order dated 22.07.2005.

4.

prosecution witnesses. Karambir Singh, Constable was examined as PW

submitted special report to the Illaqa Magistrate,

photographs to Exs. P

occurrence, Mahavir Singh ASI PW

Ramesh Chander Siwag, Draftsman, PW

Singh (compl

regarding marriage, demand of dowry etc. Smt. Jagwanti (mother of

2004 (O&M)

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The prosecution further alleged that on 14.09.2001, appellant

Satbir made a telephonic call to the complainant, whereupon he visited the

matrimonial home of the deceased. It is alleged that the appellants again

raised an unlawful demand for a scooter and a sum of

complainant expressed his inability to fulfil the said demand.

On 17.09.2001, Appellant no. 4

complainant that Smt. Sunita had set herself ablaze and had been shifted to

PGIMS, Rohtak. Upon receipt of a wireless message regarding the death of

the deceased due to burn injuries, ASI Jagmal Singh reached PGIMS,

Rohtak, where the complainant made his statement, on the basis of which the

present FIR was registered.

After investigation, challan was presented against the accused

During the pendency of the appeal, Appellant no. 2

Appellant no. 4-Rajesh Kumar died and proceedings qua them were abated

vide order dated 22.07.2005.

In order to substantiate its case, the prosecution examined

prosecution witnesses. Karambir Singh, Constable was examined as PW

special report to the Illaqa Magistrate,

photographs to Exs. P-1 to P-6 and negatives Exs. P

occurrence, Mahavir Singh ASI PW-3 proved registeration of formal FIR,

Ramesh Chander Siwag, Draftsman, PW-4 proved scaled site plan, Balwant

Singh (complainant/father of deceased) was examined as PW

regarding marriage, demand of dowry etc. Smt. Jagwanti (mother of

The prosecution further alleged that on 14.09.2001, appellant

Satbir made a telephonic call to the complainant, whereupon he visited the

matrimonial home of the deceased. It is alleged that the appellants again

raised an unlawful demand for a scooter and a sum of ₹21,000/-, but the

complainant expressed his inability to fulfil the said demand.

On 17.09.2001, Appellant no. 4-Rajesh informed the

complainant that Smt. Sunita had set herself ablaze and had been shifted to

PGIMS, Rohtak. Upon receipt of a wireless message regarding the death of

the deceased due to burn injuries, ASI Jagmal Singh reached PGIMS,

t made his statement, on the basis of which the

After investigation, challan was presented against the accused

During the pendency of the appeal, Appellant no. 2-Satbir and

and proceedings qua them were abated

In order to substantiate its case, the prosecution examined ten

prosecution witnesses. Karambir Singh, Constable was examined as PW-1,

special report to the Illaqa Magistrate, Ved Parkash PW-2, proved

6 and negatives Exs. P-7 to P-9 of the place of

3 proved registeration of formal FIR,

4 proved scaled site plan, Balwant

ainant/father of deceased) was examined as PW-5 and deposed

regarding marriage, demand of dowry etc. Smt. Jagwanti (mother of

The prosecution further alleged that on 14.09.2001, appellant

Satbir made a telephonic call to the complainant, whereupon he visited the

matrimonial home of the deceased. It is alleged that the appellants again

, but the

nformed the

complainant that Smt. Sunita had set herself ablaze and had been shifted to

PGIMS, Rohtak. Upon receipt of a wireless message regarding the death of

the deceased due to burn injuries, ASI Jagmal Singh reached PGIMS,

t made his statement, on the basis of which the

After investigation, challan was presented against the accused

Satbir and

and proceedings qua them were abated

ten

1,

2, proved

9 of the place of

3 proved registeration of formal FIR,

4 proved scaled site plan, Balwant

5 and deposed

regarding marriage, demand of dowry etc. Smt. Jagwanti (mother of

CRA-S-1538-SB-2004 (O&M)

deceased) PW

dowry. Dr. Asha Goel, PW

of the deceased, Satyawan PW

PW-10 were also examined.

5.

the appellants under Section 313 Cr.P.C

incriminating circumstances appearing against them in the prosecution

evidence were put to them.

5.1.

prosecution and pleaded false implication

seven witnesses including Shri Ram (clerk cum cashier of Central Co

operative Bank) as DW

Smt. Jagwanti, Karan Singh, DW

regarding allegations of ill c

deposed regarding th

Dadri, Balwan Singh DW

accused persons ever raised any dowry demand, Chander Bhan Arya DW

proved the issuance of drafts amounting to Rs.10,000/

favour of Santa Singh and Inder Singh was examined as DW

appellants also tendered certain exhibits in their defence.

denied that any demand for dowry had ever been

had been subjected to harassment or cruelty on account thereof. The defence

taken by the accused was that the deceased was properly

matrimonial home and that she was not happy with her forceful marriage as

she was having illicit relation with some other boy, because of which the

2004 (O&M)

-4-

deceased) PW-6 corroborated the testimony of PW

dowry. Dr. Asha Goel, PW-7, who conducted the Post Mortem ex

of the deceased, Satyawan PW-8, Jagmal Singh ASI PW

10 were also examined.

After the closure of the prosecution evidence, the statements of

the appellants under Section 313 Cr.P.C. were recorded, wherein all the

incriminating circumstances appearing against them in the prosecution

evidence were put to them.

The appellants denied all the allegations levelled by the

prosecution and pleaded false implication. In their defence t

seven witnesses including Shri Ram (clerk cum cashier of Central Co

operative Bank) as DW-1 to prove the deposit of Rs.2 lakhs in favour of

Smt. Jagwanti, Karan Singh, DW-2 (Sarpanch of village Samaspur) deposed

regarding allegations of ill character of the victim, Dr. H.L. Beniwal DW

deposed regarding the admission of Smt. Jagwanti in

Dadri, Balwan Singh DW-4 and Radhe Shyam DW

accused persons ever raised any dowry demand, Chander Bhan Arya DW

e issuance of drafts amounting to Rs.10,000/

favour of Santa Singh and Inder Singh was examined as DW

appellants also tendered certain exhibits in their defence.

denied that any demand for dowry had ever been

had been subjected to harassment or cruelty on account thereof. The defence

taken by the accused was that the deceased was properly

matrimonial home and that she was not happy with her forceful marriage as

was having illicit relation with some other boy, because of which the

6 corroborated the testimony of PW-5 regarding demand of

7, who conducted the Post Mortem examination

8, Jagmal Singh ASI PW-9 and Sheotaj Singh

After the closure of the prosecution evidence, the statements of

. were recorded, wherein all the

incriminating circumstances appearing against them in the prosecution

The appellants denied all the allegations levelled by the

. In their defence they examined

seven witnesses including Shri Ram (clerk cum cashier of Central Co-

1 to prove the deposit of Rs.2 lakhs in favour of

2 (Sarpanch of village Samaspur) deposed

haracter of the victim, Dr. H.L. Beniwal DW-3

e admission of Smt. Jagwanti in General Hospital

4 and Radhe Shyam DW-6 denied that the

accused persons ever raised any dowry demand, Chander Bhan Arya DW-5

e issuance of drafts amounting to Rs.10,000/- and Rs. 12,000/- in

favour of Santa Singh and Inder Singh was examined as DW-7. The

appellants also tendered certain exhibits in their defence. It was specifically

denied that any demand for dowry had ever been raised or that the deceased

had been subjected to harassment or cruelty on account thereof. The defence

taken by the accused was that the deceased was properly cared for in her

matrimonial home and that she was not happy with her forceful marriage as

was having illicit relation with some other boy, because of which the

5 regarding demand of

amination

9 and Sheotaj Singh

After the closure of the prosecution evidence, the statements of

. were recorded, wherein all the

incriminating circumstances appearing against them in the prosecution

The appellants denied all the allegations levelled by the

examined

-

1 to prove the deposit of Rs.2 lakhs in favour of

2 (Sarpanch of village Samaspur) deposed

3

General Hospital

6 denied that the

5

in

7. The

It was specifically

raised or that the deceased

had been subjected to harassment or cruelty on account thereof. The defence

in her

matrimonial home and that she was not happy with her forceful marriage as

was having illicit relation with some other boy, because of which the

CRA-S-1538-SB-2004 (O&M)

appellant no. 1 had earlier filed for divorce under section 13 of Hindu

Marriage Act.

5.2.

evidence available on record, h

under Sections 304

6.

contended that the impugned judgment of conviction suffers from serious

legal and factual infirmities and has been recor

having established the essential ingredients of Section 304

reasonable doubt.

6.1.

establish that the deceased was subjected to cruelty or harassment in

connection with any demand for dowry soon before her death, which is the

sine qua non for attracting the provisions of Section 304

submitted that except for vague and omnibus allegations made by the

interested witnesses, no independent or conte

brought on record to establish that any dowry

immediately prior to the occurrence. In the absence of proof of the

proximate and live link between the alleged cruelty and the death, the

statutory pre

have been invoked against the appellants.

6.2.

Sections 498

parties. Once the

2004 (O&M)

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appellant no. 1 had earlier filed for divorce under section 13 of Hindu

Marriage Act.

The learned trial Court, after appreciating and evaluating the

evidence available on record, held the accused guilty and convicted them

under Sections 304-B and 498-A IPC.

Learned senior counsel for the Appellants vehemently

contended that the impugned judgment of conviction suffers from serious

legal and factual infirmities and has been recor

having established the essential ingredients of Section 304

reasonable doubt.

It was argued that the prosecution has miserably failed to

establish that the deceased was subjected to cruelty or harassment in

nnection with any demand for dowry soon before her death, which is the

sine qua non for attracting the provisions of Section 304

submitted that except for vague and omnibus allegations made by the

interested witnesses, no independent or conte

brought on record to establish that any dowry

immediately prior to the occurrence. In the absence of proof of the

proximate and live link between the alleged cruelty and the death, the

statutory presumption under Section 113-B of the Evidence Act could not

have been invoked against the appellants.

Learned counsel further submitted that the earlier

Sections 498-A and 406 IPC had culminated in a compromise between the

parties. Once the earlier dispute had admittedly been settled, the same could

appellant no. 1 had earlier filed for divorce under section 13 of Hindu

The learned trial Court, after appreciating and evaluating the

eld the accused guilty and convicted them

Learned senior counsel for the Appellants vehemently

contended that the impugned judgment of conviction suffers from serious

legal and factual infirmities and has been recorded without the prosecution

having established the essential ingredients of Section 304-B IPC beyond

It was argued that the prosecution has miserably failed to

establish that the deceased was subjected to cruelty or harassment in

nnection with any demand for dowry soon before her death, which is the

sine qua non for attracting the provisions of Section 304-B IPC. It was

submitted that except for vague and omnibus allegations made by the

interested witnesses, no independent or contemporaneous evidence has been

brought on record to establish that any dowry-related harassment continued

immediately prior to the occurrence. In the absence of proof of the

proximate and live link between the alleged cruelty and the death, the

B of the Evidence Act could not

Learned counsel further submitted that the earlier case under

A and 406 IPC had culminated in a compromise between the

earlier dispute had admittedly been settled, the same could

appellant no. 1 had earlier filed for divorce under section 13 of Hindu

The learned trial Court, after appreciating and evaluating the

eld the accused guilty and convicted them

Learned senior counsel for the Appellants vehemently

contended that the impugned judgment of conviction suffers from serious

ded without the prosecution

B IPC beyond

It was argued that the prosecution has miserably failed to

establish that the deceased was subjected to cruelty or harassment in

nnection with any demand for dowry soon before her death, which is the

B IPC. It was

submitted that except for vague and omnibus allegations made by the

mporaneous evidence has been

related harassment continued

immediately prior to the occurrence. In the absence of proof of the

proximate and live link between the alleged cruelty and the death, the

B of the Evidence Act could not

under

A and 406 IPC had culminated in a compromise between the

earlier dispute had admittedly been settled, the same could

CRA-S-1538-SB-2004 (O&M)

not have been relied upon by the prosecution to establish continuous cruelty.

It was argued that after the said compromise, the prosecution has failed to

prove any specific incident of dowry

preceding the death of the deceased. Consequently, the earlier allegations

stand substantially diluted and cannot constitute the foundation for

conviction under Section 304

6.3.

conclusively support the prosecution version. Learned counsel drew

attention to the testimony of PW7

mortem examination of deceased, who admitted that suicidal burns caused

by pouring kerosene upon ones

that once the medical evidence itself leaves open a reasonable possibility of

suicide independent of dowry harassment, the prosecution version becomes

doubtful and the appellants are entitled to the benefit of s

6.4.

produced by the defence probabilises an altogether different cause for the

unfortunate incident. Reference was made to the Panchayat proceedings

(Ex.PG), which reveal serious ma

the character of the deceased. Upon perusal of Ex.DG, it is forthcoming that

when the Panchayats of two villages i.e. Bilawal and Shamapur were

convened, Balwant Singh (father of the deceased) did not come presen

However, he appeared during the second occasion but

satisfactorily answer

of DW-2 Karan Singh further fortifies the fact that the Panchayat tried to

make Sunita (deceased) understand to

2004 (O&M)

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not have been relied upon by the prosecution to establish continuous cruelty.

It was argued that after the said compromise, the prosecution has failed to

prove any specific incident of dowry-rela

preceding the death of the deceased. Consequently, the earlier allegations

stand substantially diluted and cannot constitute the foundation for

conviction under Section 304-B IPC.

It was next contended that the medical evi

conclusively support the prosecution version. Learned counsel drew

attention to the testimony of PW7- Dr. Asha

mortem examination of deceased, who admitted that suicidal burns caused

by pouring kerosene upon oneself could not be ruled out. It was submitted

that once the medical evidence itself leaves open a reasonable possibility of

suicide independent of dowry harassment, the prosecution version becomes

doubtful and the appellants are entitled to the benefit of s

Learned counsel further argued that the documentary evidence

produced by the defence probabilises an altogether different cause for the

unfortunate incident. Reference was made to the Panchayat proceedings

(Ex.PG), which reveal serious matrimonial discord and allegations regarding

the character of the deceased. Upon perusal of Ex.DG, it is forthcoming that

when the Panchayats of two villages i.e. Bilawal and Shamapur were

convened, Balwant Singh (father of the deceased) did not come presen

However, he appeared during the second occasion but

satisfactorily answer the queries of the panchayat. A perusal of the statement

2 Karan Singh further fortifies the fact that the Panchayat tried to

make Sunita (deceased) understand to behave properly at her matrimonial

not have been relied upon by the prosecution to establish continuous cruelty.

It was argued that after the said compromise, the prosecution has failed to

related harassment immediately

preceding the death of the deceased. Consequently, the earlier allegations

stand substantially diluted and cannot constitute the foundation for

It was next contended that the medical evidence does not

conclusively support the prosecution version. Learned counsel drew

Dr. Asha Goel, who conducted the post-

mortem examination of deceased, who admitted that suicidal burns caused

elf could not be ruled out. It was submitted

that once the medical evidence itself leaves open a reasonable possibility of

suicide independent of dowry harassment, the prosecution version becomes

doubtful and the appellants are entitled to the benefit of such doubt.

ounsel further argued that the documentary evidence

produced by the defence probabilises an altogether different cause for the

unfortunate incident. Reference was made to the Panchayat proceedings

trimonial discord and allegations regarding

the character of the deceased. Upon perusal of Ex.DG, it is forthcoming that

when the Panchayats of two villages i.e. Bilawal and Shamapur were

convened, Balwant Singh (father of the deceased) did not come present.

However, he appeared during the second occasion but could not

the queries of the panchayat. A perusal of the statement

2 Karan Singh further fortifies the fact that the Panchayat tried to

behave properly at her matrimonial

not have been relied upon by the prosecution to establish continuous cruelty.

It was argued that after the said compromise, the prosecution has failed to

ted harassment immediately

preceding the death of the deceased. Consequently, the earlier allegations

stand substantially diluted and cannot constitute the foundation for

dence does not

conclusively support the prosecution version. Learned counsel drew

-

mortem examination of deceased, who admitted that suicidal burns caused

elf could not be ruled out. It was submitted

that once the medical evidence itself leaves open a reasonable possibility of

suicide independent of dowry harassment, the prosecution version becomes

ounsel further argued that the documentary evidence

produced by the defence probabilises an altogether different cause for the

unfortunate incident. Reference was made to the Panchayat proceedings

trimonial discord and allegations regarding

the character of the deceased. Upon perusal of Ex.DG, it is forthcoming that

when the Panchayats of two villages i.e. Bilawal and Shamapur were

t.

could not

the queries of the panchayat. A perusal of the statement

2 Karan Singh further fortifies the fact that the Panchayat tried to

behave properly at her matrimonial

CRA-S-1538-SB-2004 (O&M)

home but she did not accede to the advise of the v

ultimately the pancha

character. It was further submi

Ramesh had instituted proceedings under Section 13 of the Hindu Marriage

Act almost one year prior to the occurrence wherein he sought dissolution of

marriage specifically on the ground that Sunita (deceased) was a lady of

loose character, remained away fr

together and on one such occasion was found at Jind after two days of

leaving the house. According to learned counsel, these circumstances

unmistakably establish that the matrimonial relationship had deteriorated on

account of reasons wholly unconnected with any alleged dowry demand and,

therefore, the prosecution has failed to establish the necessary nexus

between the death and the alleged demand of dowry.

6.5.

deliberately withheld the examination of Santa Singh, who

present when the demand of

counsel submitted that Santa Singh was the most natural and material

witness to corroborate the prosecution story. His

any explanation, attracts an adverse inference against the prosecution and

seriously undermines the credibility of the allegations regarding dowry

demand.

6.6.

continuous cruelty extending over several years, the prosecution has failed to

produce any medico

contemporaneous complaint demonstrating physical harassment of the

2004 (O&M)

-7-

home but she did not accede to the advise of the v

the panchayat concluded that Sunita (deceased) is having bad

character. It was further submitted that after this incident,

Ramesh had instituted proceedings under Section 13 of the Hindu Marriage

Act almost one year prior to the occurrence wherein he sought dissolution of

marriage specifically on the ground that Sunita (deceased) was a lady of

loose character, remained away from her matrimonial home for days

together and on one such occasion was found at Jind after two days of

leaving the house. According to learned counsel, these circumstances

unmistakably establish that the matrimonial relationship had deteriorated on

of reasons wholly unconnected with any alleged dowry demand and,

therefore, the prosecution has failed to establish the necessary nexus

between the death and the alleged demand of dowry.

It was also vehemently contended that the prosecution has

berately withheld the examination of Santa Singh, who

present when the demand of ₹21,000/- and a scooter was made. Learned

counsel submitted that Santa Singh was the most natural and material

witness to corroborate the prosecution story. His

any explanation, attracts an adverse inference against the prosecution and

seriously undermines the credibility of the allegations regarding dowry

Learned counsel further submitted that despite allegations of

us cruelty extending over several years, the prosecution has failed to

produce any medico-legal report, injury report, medical record or any

contemporaneous complaint demonstrating physical harassment of the

home but she did not accede to the advise of the village panchayat and

concluded that Sunita (deceased) is having bad

tted that after this incident, appellant no.1

Ramesh had instituted proceedings under Section 13 of the Hindu Marriage

Act almost one year prior to the occurrence wherein he sought dissolution of

marriage specifically on the ground that Sunita (deceased) was a lady of

om her matrimonial home for days

together and on one such occasion was found at Jind after two days of

leaving the house. According to learned counsel, these circumstances

unmistakably establish that the matrimonial relationship had deteriorated on

of reasons wholly unconnected with any alleged dowry demand and,

therefore, the prosecution has failed to establish the necessary nexus

between the death and the alleged demand of dowry.

It was also vehemently contended that the prosecution has

berately withheld the examination of Santa Singh, who was allegedly

and a scooter was made. Learned

counsel submitted that Santa Singh was the most natural and material

witness to corroborate the prosecution story. His non-examination, without

any explanation, attracts an adverse inference against the prosecution and

seriously undermines the credibility of the allegations regarding dowry

Learned counsel further submitted that despite allegations of

us cruelty extending over several years, the prosecution has failed to

legal report, injury report, medical record or any

contemporaneous complaint demonstrating physical harassment of the

illage panchayat and

concluded that Sunita (deceased) is having bad

appellant no.1

Ramesh had instituted proceedings under Section 13 of the Hindu Marriage

Act almost one year prior to the occurrence wherein he sought dissolution of

marriage specifically on the ground that Sunita (deceased) was a lady of

om her matrimonial home for days

together and on one such occasion was found at Jind after two days of

leaving the house. According to learned counsel, these circumstances

unmistakably establish that the matrimonial relationship had deteriorated on

of reasons wholly unconnected with any alleged dowry demand and,

therefore, the prosecution has failed to establish the necessary nexus

It was also vehemently contended that the prosecution has

allegedly

and a scooter was made. Learned

counsel submitted that Santa Singh was the most natural and material

examination, without

any explanation, attracts an adverse inference against the prosecution and

seriously undermines the credibility of the allegations regarding dowry

Learned counsel further submitted that despite allegations of

us cruelty extending over several years, the prosecution has failed to

legal report, injury report, medical record or any

contemporaneous complaint demonstrating physical harassment of the

CRA-S-1538-SB-2004 (O&M)

deceased. According to counsel, such complete ab

evidence renders the prosecution story inherently improbable and unsafe to

rely upon.

6.7.

substantial financial transactions had taken place from the appellants’ famil

in favour of the complainant's family. It was submitted that amounts of

₹10,000/- and

the complainant side in favour of Santa Singh (brother of the deceased) vide

demand draft dated 16.02.1998

from that the accused had also deposited an amount of Rs.2 lakhs in the

savings account of Smt. Jagwanti out of which Rs.1,50,000/

into an FD for a period of three years, which was encashed before

maturity by Smt. Jagwanti

aforesaid facts and transactions, the allegation that the appellants had been

persistently harassing the deceased for payment of an amount of Rs. 21,000/

is vague, unsubstantiated, and lends material support to the defence version.

6.8.

the individual role of each accused. The allegations against the mother

law and brother

defence has also produced material indicating that the in

separately. In the absence of any specific overt act attributable to each

accused, their conviction merely on the basis of generalized allegations is

wholly unsustainable in law.

2004 (O&M)

-8-

deceased. According to counsel, such complete ab

evidence renders the prosecution story inherently improbable and unsafe to

Attention was also invited to the defence evidence showing that

substantial financial transactions had taken place from the appellants’ famil

in favour of the complainant's family. It was submitted that amounts of

and ₹12,000/- had also been transferred from the accused side to

the complainant side in favour of Santa Singh (brother of the deceased) vide

demand draft dated 16.02.1998 and 21.07.1998 (Exs.

from that the accused had also deposited an amount of Rs.2 lakhs in the

savings account of Smt. Jagwanti out of which Rs.1,50,000/

into an FD for a period of three years, which was encashed before

maturity by Smt. Jagwanti. Learned counsel contended that, in light of the

aforesaid facts and transactions, the allegation that the appellants had been

persistently harassing the deceased for payment of an amount of Rs. 21,000/

nsubstantiated, and lends material support to the defence version.

It was further argued that the prosecution has failed to establish

the individual role of each accused. The allegations against the mother

law and brother-in-law are vague, general

defence has also produced material indicating that the in

separately. In the absence of any specific overt act attributable to each

accused, their conviction merely on the basis of generalized allegations is

holly unsustainable in law.

deceased. According to counsel, such complete absence of corroborative

evidence renders the prosecution story inherently improbable and unsafe to

Attention was also invited to the defence evidence showing that

substantial financial transactions had taken place from the appellants’ family

in favour of the complainant's family. It was submitted that amounts of

had also been transferred from the accused side to

the complainant side in favour of Santa Singh (brother of the deceased) vide

and 21.07.1998 (Exs. DL/1 and DL/2). Apart

from that the accused had also deposited an amount of Rs.2 lakhs in the

savings account of Smt. Jagwanti out of which Rs.1,50,000/- was transferred

into an FD for a period of three years, which was encashed before the date of

Learned counsel contended that, in light of the

aforesaid facts and transactions, the allegation that the appellants had been

persistently harassing the deceased for payment of an amount of Rs. 21,000/-

nsubstantiated, and lends material support to the defence version.

It was further argued that the prosecution has failed to establish

the individual role of each accused. The allegations against the mother-in-

law are vague, general and omnibus in nature. The

defence has also produced material indicating that the in-laws were residing

separately. In the absence of any specific overt act attributable to each

accused, their conviction merely on the basis of generalized allegations is

sence of corroborative

evidence renders the prosecution story inherently improbable and unsafe to

Attention was also invited to the defence evidence showing that

y

in favour of the complainant's family. It was submitted that amounts of

had also been transferred from the accused side to

the complainant side in favour of Santa Singh (brother of the deceased) vide

DL/1 and DL/2). Apart

from that the accused had also deposited an amount of Rs.2 lakhs in the

was transferred

the date of

Learned counsel contended that, in light of the

aforesaid facts and transactions, the allegation that the appellants had been

-

It was further argued that the prosecution has failed to establish

-

and omnibus in nature. The

laws were residing

separately. In the absence of any specific overt act attributable to each

accused, their conviction merely on the basis of generalized allegations is

CRA-S-1538-SB-2004 (O&M)

6.9.

the aforesaid circumstances, namely, the absence of proof of cruelty soon

before death, the compromise of the earlier criminal proceedings, the

possibility of

independent matrimonial disputes, the withholding of the most material

witness, the absence of contemporaneous evidence of cruelty and the

defence evidence probabilising the innocence of the app

than a reasonable doubt regarding the prosecution case. It was, therefore,

prayed that the impugned judgment of conviction and the order of sentence

be set aside and the appellants be acquitted by extending to them the benefit

of doubt.

7.

judgment and order of sentence, contending that the learned Trial Court has

rightly appreciated the oral as well as documentary evidence and has

recorded a well

perversity or misreading of evidence has been pointed out which would

warrant interference by this Court in exercise of appellate jurisdiction.

7.1.

that the deceased was subjected to cruelty and harassment in connection with

dowry demands. Further,

that the accused persons were dissatisfied with the dowry given and were

persistently demanding

the death of the deceased occurred within seven years of marriage and under

unnatural circumstances.

2004 (O&M)

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Lastly, learned counsel submitted that the cumulative effect of

the aforesaid circumstances, namely, the absence of proof of cruelty soon

before death, the compromise of the earlier criminal proceedings, the

possibility of suicide emerging from the medical evidence, the existence of

independent matrimonial disputes, the withholding of the most material

witness, the absence of contemporaneous evidence of cruelty and the

defence evidence probabilising the innocence of the app

than a reasonable doubt regarding the prosecution case. It was, therefore,

prayed that the impugned judgment of conviction and the order of sentence

be set aside and the appellants be acquitted by extending to them the benefit

Per contra, learned State counsel supported the impugned

judgment and order of sentence, contending that the learned Trial Court has

rightly appreciated the oral as well as documentary evidence and has

recorded a well-reasoned finding of guilt. It w

perversity or misreading of evidence has been pointed out which would

warrant interference by this Court in exercise of appellate jurisdiction.

It is argued that the prosecution has successfully established

eceased was subjected to cruelty and harassment in connection with

dowry demands. Further, the testimonies of PW

that the accused persons were dissatisfied with the dowry given and were

persistently demanding ₹21,000/- and a scoote

the death of the deceased occurred within seven years of marriage and under

unnatural circumstances.

Lastly, learned counsel submitted that the cumulative effect of

the aforesaid circumstances, namely, the absence of proof of cruelty soon

before death, the compromise of the earlier criminal proceedings, the

suicide emerging from the medical evidence, the existence of

independent matrimonial disputes, the withholding of the most material

witness, the absence of contemporaneous evidence of cruelty and the

defence evidence probabilising the innocence of the appellants, creates more

than a reasonable doubt regarding the prosecution case. It was, therefore,

prayed that the impugned judgment of conviction and the order of sentence

be set aside and the appellants be acquitted by extending to them the benefit

Per contra, learned State counsel supported the impugned

judgment and order of sentence, contending that the learned Trial Court has

rightly appreciated the oral as well as documentary evidence and has

reasoned finding of guilt. It was submitted that no illegality,

perversity or misreading of evidence has been pointed out which would

warrant interference by this Court in exercise of appellate jurisdiction.

the prosecution has successfully established

eceased was subjected to cruelty and harassment in connection with

the testimonies of PW-5 and PW-6 clearly prove

that the accused persons were dissatisfied with the dowry given and were

and a scooter. It is further submitted that

the death of the deceased occurred within seven years of marriage and under

Lastly, learned counsel submitted that the cumulative effect of

the aforesaid circumstances, namely, the absence of proof of cruelty soon

before death, the compromise of the earlier criminal proceedings, the

suicide emerging from the medical evidence, the existence of

independent matrimonial disputes, the withholding of the most material

witness, the absence of contemporaneous evidence of cruelty and the

ellants, creates more

than a reasonable doubt regarding the prosecution case. It was, therefore,

prayed that the impugned judgment of conviction and the order of sentence

be set aside and the appellants be acquitted by extending to them the benefit

Per contra, learned State counsel supported the impugned

judgment and order of sentence, contending that the learned Trial Court has

rightly appreciated the oral as well as documentary evidence and has

as submitted that no illegality,

perversity or misreading of evidence has been pointed out which would

the prosecution has successfully established

eceased was subjected to cruelty and harassment in connection with

6 clearly prove

that the accused persons were dissatisfied with the dowry given and were

r. It is further submitted that

the death of the deceased occurred within seven years of marriage and under

CRA-S-1538-SB-2004 (O&M)

7.2.

established that a woman died otherwise than under normal cir

within seven years of marriage and was subjected to cruelty or harassment in

connection with dowry demand soon before her death, the presumption

under Section 113

the accused.

7.3.

foundational facts necessary for attracting Section 498

the learned trial Court rightly convicted the appellants.

8.

considerable length

entire evidence available on

documentary evidence, the depositions of the witnesses as well as the

relevant record

be apposite to mention

under:

"498

her to cruelty

Whoever, being the husband or the relative of the husband of a

woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall

also be liable to fine.

Explanation.

2004 (O&M)

-10-

Learned State counsel further contends that once it is

established that a woman died otherwise than under normal cir

within seven years of marriage and was subjected to cruelty or harassment in

connection with dowry demand soon before her death, the presumption

under Section 113-B of the Indian Evidence Act automatically arises against

It is thus argued that the prosecution has duly proved all

foundational facts necessary for attracting Section 498

the learned trial Court rightly convicted the appellants.

I have heard learned counsels appearing for both sides

erable length and with their able assistance carefully gone through the

entire evidence available on record, the impugned judgment, the

documentary evidence, the depositions of the witnesses as well as the

relevant record. Before adverting to the facts of

be apposite to mention Sections 498-A and 304

498-A. Husband or relative of husband of a woman subjecting

her to cruelty.-

Whoever, being the husband or the relative of the husband of a

woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall

also be liable to fine.

Explanation.-For the purposes of this sect

Learned State counsel further contends that once it is

established that a woman died otherwise than under normal circumstances

within seven years of marriage and was subjected to cruelty or harassment in

connection with dowry demand soon before her death, the presumption

B of the Indian Evidence Act automatically arises against

thus argued that the prosecution has duly proved all

foundational facts necessary for attracting Section 498-A and 304-B IPC and

the learned trial Court rightly convicted the appellants.

counsels appearing for both sides at

with their able assistance carefully gone through the

, the impugned judgment, the

documentary evidence, the depositions of the witnesses as well as the

Before adverting to the facts of the present matter, it would

A and 304-B of IPC, which read as

A. Husband or relative of husband of a woman subjecting

Whoever, being the husband or the relative of the husband of a

woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall

For the purposes of this section, "cruelty" means-

Learned State counsel further contends that once it is

cumstances

within seven years of marriage and was subjected to cruelty or harassment in

connection with dowry demand soon before her death, the presumption

B of the Indian Evidence Act automatically arises against

thus argued that the prosecution has duly proved all

B IPC and

at

with their able assistance carefully gone through the

, the impugned judgment, the

documentary evidence, the depositions of the witnesses as well as the

the present matter, it would

read as

A. Husband or relative of husband of a woman subjecting

Whoever, being the husband or the relative of the husband of a

woman, subjects such woman to cruelty shall be punished with

imprisonment for a term which may extend to three years and shall

CRA-S-1538-SB-2004 (O&M)

(a) any wilful conduct which is of such a nature as is likely to drive

the woman to commit suicide or to cause grave injury or danger to

life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman wh

to coercing her or any person related to her to meet any unlawful

demand for any property or valuable security or is on account of

failure by her or any person related to her to meet such demand."

"304

(1) Where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances within

seven years of her marriage and it is shown that soon before her

death she was subjected to cruelty or harassment by her husband

any relative of her husband for, or in connection with, any demand

for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have caused her death.

Explanation.

have the same meaning as in Section 2 of the Dowry Prohibition

Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years

but which may extend to imprisonment for li

9.

IPC:

2004 (O&M)

-11-

(a) any wilful conduct which is of such a nature as is likely to drive

the woman to commit suicide or to cause grave injury or danger to

life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view

to coercing her or any person related to her to meet any unlawful

demand for any property or valuable security or is on account of

failure by her or any person related to her to meet such demand."

304-B. Dowry death.-

) Where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances within

seven years of her marriage and it is shown that soon before her

death she was subjected to cruelty or harassment by her husband

any relative of her husband for, or in connection with, any demand

for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have caused her death.

Explanation.-For the purpose of this sub

have the same meaning as in Section 2 of the Dowry Prohibition

Act, 1961 (28 of 1961).

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years

but which may extend to imprisonment for li

The following are the essential ingredients of Section 304

(a) any wilful conduct which is of such a nature as is likely to drive

the woman to commit suicide or to cause grave injury or danger to

life, limb or health (whether mental or physical) of the woman; or

ere such harassment is with a view

to coercing her or any person related to her to meet any unlawful

demand for any property or valuable security or is on account of

failure by her or any person related to her to meet such demand."

) Where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances within

seven years of her marriage and it is shown that soon before her

death she was subjected to cruelty or harassment by her husband or

any relative of her husband for, or in connection with, any demand

for dowry, such death shall be called "dowry death", and such

husband or relative shall be deemed to have caused her death.

For the purpose of this sub-section, "dowry" shall

have the same meaning as in Section 2 of the Dowry Prohibition

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years

but which may extend to imprisonment for life."

The following are the essential ingredients of Section 304-B

(a) any wilful conduct which is of such a nature as is likely to drive

the woman to commit suicide or to cause grave injury or danger to

ere such harassment is with a view

to coercing her or any person related to her to meet any unlawful

demand for any property or valuable security or is on account of

) Where the death of a woman is caused by any burns or bodily

injury or occurs otherwise than under normal circumstances within

seven years of her marriage and it is shown that soon before her

or

any relative of her husband for, or in connection with, any demand

for dowry, such death shall be called "dowry death", and such

shall

have the same meaning as in Section 2 of the Dowry Prohibition

(2) Whoever commits dowry death shall be punished with

imprisonment for a term which shall not be less than seven years

B

CRA-S-1538-SB-2004 (O&M)

a) The death of a woman must have been caused by any burns or bodily

injury, or must have occurred otherwise than under normal circumstances;

b) The death must have been caused wit

c) Soon before her death, she must have been subjected to cruelty or

harassment by the husband or any relative of her husband; and

d) Cruelty or harassment must be for, or in connection with, any demand for

dowry.

10.

no.1 died within seven years of their marriage, thereby it is to be seen

whether the provisions of Section 113

attracted or not. Section 113

"113

When the question is whether a person has committed the dowry

death of a woman and it is shown that soon before her death such

woman had been subjected by such person to cruelty or harassment

for, or in connection with, any demand for dowry, the Court shall

presume that such person had caused the dowry death.

Explanation.

have the same meaning as in Section 304

(45 of

11.

will apply when it is established that soon before her death, the woman has

been subjected by the accused to cruelty or harassment for, or in connection

2004 (O&M)

-12-

a) The death of a woman must have been caused by any burns or bodily

injury, or must have occurred otherwise than under normal circumstances;

b) The death must have been caused within seven years of her marriage;

c) Soon before her death, she must have been subjected to cruelty or

harassment by the husband or any relative of her husband; and

d) Cruelty or harassment must be for, or in connection with, any demand for

It is undisputed in the present case that the wife of appellant

no.1 died within seven years of their marriage, thereby it is to be seen

whether the provisions of Section 113-B of the Indian Evidence Act are

attracted or not. Section 113-B of Indian Evidence

113-B. Presumption as to dowry death

When the question is whether a person has committed the dowry

death of a woman and it is shown that soon before her death such

woman had been subjected by such person to cruelty or harassment

for, or in connection with, any demand for dowry, the Court shall

presume that such person had caused the dowry death.

Explanation.-For the purposes of this section, "dowry death" shall

have the same meaning as in Section 304

(45 of 1860)."

The presumption under Section 113

will apply when it is established that soon before her death, the woman has

been subjected by the accused to cruelty or harassment for, or in connection

a) The death of a woman must have been caused by any burns or bodily

injury, or must have occurred otherwise than under normal circumstances;

hin seven years of her marriage;

c) Soon before her death, she must have been subjected to cruelty or

harassment by the husband or any relative of her husband; and

d) Cruelty or harassment must be for, or in connection with, any demand for

is undisputed in the present case that the wife of appellant

no.1 died within seven years of their marriage, thereby it is to be seen

of the Indian Evidence Act are

B of Indian Evidence Act reads as under:

B. Presumption as to dowry death.-

When the question is whether a person has committed the dowry

death of a woman and it is shown that soon before her death such

woman had been subjected by such person to cruelty or harassment

for, or in connection with, any demand for dowry, the Court shall

presume that such person had caused the dowry death.

For the purposes of this section, "dowry death" shall

have the same meaning as in Section 304-B of Indian Penal Code

The presumption under Section 113-B of Indian Evidence Act

will apply when it is established that soon before her death, the woman has

been subjected by the accused to cruelty or harassment for, or in connection

a) The death of a woman must have been caused by any burns or bodily

c) Soon before her death, she must have been subjected to cruelty or

d) Cruelty or harassment must be for, or in connection with, any demand for

is undisputed in the present case that the wife of appellant

no.1 died within seven years of their marriage, thereby it is to be seen

of the Indian Evidence Act are

When the question is whether a person has committed the dowry

death of a woman and it is shown that soon before her death such

woman had been subjected by such person to cruelty or harassment

for, or in connection with, any demand for dowry, the Court shall

For the purposes of this section, "dowry death" shall

B of Indian Penal Code

B of Indian Evidence Act

will apply when it is established that soon before her death, the woman has

been subjected by the accused to cruelty or harassment for, or in connection

CRA-S-1538-SB-2004 (O&M)

with, any demand for dowry. Th

Indian Evidence Act, the prosecution must establish that the deceased was

subjected by the appellant to cruelty or harassment for or in connection with

any demand of dowry soon before her death. Unless these fa

the presumptions under Section 113

invoked. The Hon’ble Supreme Court, in the judgment of

State of Haryana, 2021 AIR (SC) 2627;

Section 304-B, IPC and Section 113

"i. Section 304

legislative intent to curb the social evil of bride burning and dowry

demand.

ii. The prosecution must at first establish the existence of the

necessary ingredients fo

B, IPC. Once these ingredients are satisfied, the rebuttable

presumption of causality, provided under Section 113

Act operates against the accused.

iii. The phrase "soon before" as appearing in Sectio

cannot be construed to mean `immediately before'. The prosecution

must establish existence of "proximate and live link" between the

dowry death and cruelty or harassment for dowry demand by the

husband or his relatives.

iv. Section 304

categorizing death as homicidal or suicidal or accidental. The

reason for such non categorization is due to the fact that death

2004 (O&M)

-13-

with, any demand for dowry. Therefore, even for attracting Section 113

Indian Evidence Act, the prosecution must establish that the deceased was

subjected by the appellant to cruelty or harassment for or in connection with

any demand of dowry soon before her death. Unless these fa

the presumptions under Section 113-B of the Evidence Act cannot be

The Hon’ble Supreme Court, in the judgment of

State of Haryana, 2021 AIR (SC) 2627;

B, IPC and Section 113-B, Evidence Act as under:

"i. Section 304-B, IPC must be interpreted keeping in mind the

legislative intent to curb the social evil of bride burning and dowry

demand.

ii. The prosecution must at first establish the existence of the

necessary ingredients for constituting an offence under Section 304

B, IPC. Once these ingredients are satisfied, the rebuttable

presumption of causality, provided under Section 113

Act operates against the accused.

iii. The phrase "soon before" as appearing in Sectio

cannot be construed to mean `immediately before'. The prosecution

must establish existence of "proximate and live link" between the

dowry death and cruelty or harassment for dowry demand by the

husband or his relatives.

iv. Section 304-B, IPC does not take a pigeonhole approach in

categorizing death as homicidal or suicidal or accidental. The

reason for such non categorization is due to the fact that death

erefore, even for attracting Section 113-B of

Indian Evidence Act, the prosecution must establish that the deceased was

subjected by the appellant to cruelty or harassment for or in connection with

any demand of dowry soon before her death. Unless these facts are proved,

B of the Evidence Act cannot be

The Hon’ble Supreme Court, in the judgment of Satbir Singh v.

State of Haryana, 2021 AIR (SC) 2627; has summarised the law under

B, Evidence Act as under:

B, IPC must be interpreted keeping in mind the

legislative intent to curb the social evil of bride burning and dowry

ii. The prosecution must at first establish the existence of the

r constituting an offence under Section 304-

B, IPC. Once these ingredients are satisfied, the rebuttable

presumption of causality, provided under Section 113-B, Evidence

iii. The phrase "soon before" as appearing in Section 304-B, IPC

cannot be construed to mean `immediately before'. The prosecution

must establish existence of "proximate and live link" between the

dowry death and cruelty or harassment for dowry demand by the

does not take a pigeonhole approach in

categorizing death as homicidal or suicidal or accidental. The

reason for such non categorization is due to the fact that death

B of

Indian Evidence Act, the prosecution must establish that the deceased was

subjected by the appellant to cruelty or harassment for or in connection with

cts are proved,

B of the Evidence Act cannot be

Satbir Singh v.

summarised the law under

B, IPC must be interpreted keeping in mind the

legislative intent to curb the social evil of bride burning and dowry

ii. The prosecution must at first establish the existence of the

-

B, IPC. Once these ingredients are satisfied, the rebuttable

B, Evidence

B, IPC

cannot be construed to mean `immediately before'. The prosecution

must establish existence of "proximate and live link" between the

dowry death and cruelty or harassment for dowry demand by the

does not take a pigeonhole approach in

categorizing death as homicidal or suicidal or accidental. The

reason for such non categorization is due to the fact that death

CRA-S-1538-SB-2004 (O&M)

occurring "otherwise than under normal circumstances" can, in

cases, be homicidal or suic

12.

between the deceased Sunita and appellant No.1 Ramesh was solemnized on

15.06.1995 and that the deceased suffered an unnatural death due to burn

injuries on 17.09.2001, i.

two circumstances alone are insufficient to attract the provisions of Section

304-B IPC. The principal question which arises for consideration is whether

the prosecution has succeeded in proving beyond reas

deceased was subjected to cruelty or harassment by the appellants in

connection with demand for dowry

provisions of Section 304

of the Indian

13.

304-B IPC is not synonymous with "immediately before". Nevertheless, the

prosecution is required to establish a proximate and live link between the

alleged dowry

nexus is affirmatively proved, the statutory presumption under Section 113

B of the Evidence Act cannot be invoked merely because the death occurred

within seven years of marriage.

14.

substantially rests upon the testimony of PW

deceased, and PW

interested witnesses. Although their testimony cannot be discarded solely on

2004 (O&M)

-14-

occurring "otherwise than under normal circumstances" can, in

cases, be homicidal or suicidal or accidental."

In the present case, there is no dispute that the marriage

between the deceased Sunita and appellant No.1 Ramesh was solemnized on

15.06.1995 and that the deceased suffered an unnatural death due to burn

injuries on 17.09.2001, i.e. within seven years of marriage. However, these

two circumstances alone are insufficient to attract the provisions of Section

The principal question which arises for consideration is whether

the prosecution has succeeded in proving beyond reas

deceased was subjected to cruelty or harassment by the appellants in

connection with demand for dowry soon before her death

provisions of Section 304-B IPC and the presumption under Section 113

of the Indian Evidence Act.

The expression "soon before her death" occurring in Section

B IPC is not synonymous with "immediately before". Nevertheless, the

prosecution is required to establish a proximate and live link between the

alleged dowry-related cruelty and the death of the deceased. Unless such

nexus is affirmatively proved, the statutory presumption under Section 113

B of the Evidence Act cannot be invoked merely because the death occurred

within seven years of marriage.

The entire prosecution case regarding dowry demand

substantially rests upon the testimony of PW

deceased, and PW-6 Jagwanti, mother of the deceased. Both are admittedly

interested witnesses. Although their testimony cannot be discarded solely on

occurring "otherwise than under normal circumstances" can, in

idal or accidental."

In the present case, there is no dispute that the marriage

between the deceased Sunita and appellant No.1 Ramesh was solemnized on

15.06.1995 and that the deceased suffered an unnatural death due to burn

e. within seven years of marriage. However, these

two circumstances alone are insufficient to attract the provisions of Section

The principal question which arises for consideration is whether

the prosecution has succeeded in proving beyond reasonable doubt that the

deceased was subjected to cruelty or harassment by the appellants in

soon before her death, so as to attract the

B IPC and the presumption under Section 113-B

The expression "soon before her death" occurring in Section

B IPC is not synonymous with "immediately before". Nevertheless, the

prosecution is required to establish a proximate and live link between the

and the death of the deceased. Unless such

nexus is affirmatively proved, the statutory presumption under Section 113-

B of the Evidence Act cannot be invoked merely because the death occurred

e regarding dowry demand

substantially rests upon the testimony of PW-5 Balwant Singh, father of the

6 Jagwanti, mother of the deceased. Both are admittedly

interested witnesses. Although their testimony cannot be discarded solely on

occurring "otherwise than under normal circumstances" can, in

In the present case, there is no dispute that the marriage

between the deceased Sunita and appellant No.1 Ramesh was solemnized on

15.06.1995 and that the deceased suffered an unnatural death due to burn

e. within seven years of marriage. However, these

two circumstances alone are insufficient to attract the provisions of Section

The principal question which arises for consideration is whether

onable doubt that the

deceased was subjected to cruelty or harassment by the appellants in

, so as to attract the

B

The expression "soon before her death" occurring in Section

B IPC is not synonymous with "immediately before". Nevertheless, the

prosecution is required to establish a proximate and live link between the

and the death of the deceased. Unless such

-

B of the Evidence Act cannot be invoked merely because the death occurred

e regarding dowry demand

5 Balwant Singh, father of the

6 Jagwanti, mother of the deceased. Both are admittedly

interested witnesses. Although their testimony cannot be discarded solely on

CRA-S-1538-SB-2004 (O&M)

that ground, the Court is required to seek satisfactory corroboration,

particularly when serious allegations of persistent cruelty extending over

several years are made. Upon perusal of the testimony of PW

cross-examination,

made material

to the one given to Police

examination, he submitted that he does not remember when the deceased had

narrated to him about the maltreatment given to her. He had also denied

receiving amount of Rs.10,000/

well as the fact that the appellant No. 1 filed for divorce after the decision of

panchayat regarding bad character o

15.

498-A and 406 IPC to establish continuing harassment. However, it is an

admitted position that the said criminal proceedings culminated in a

compromise between the partie

her matrimonial home. Once the earlier dispute admittedly stood settled, the

prosecution was required to establish by reliable evidence that fresh acts of

dowry-related cruelty continued thereafter and persisted t

preceding the death. Except for general and omnibus assertions, no

convincing evidence has been produced to establish such continuity.

16.

dated 14.09.2001, when, according to PW

the matrimonial home and reiterated the demand of

Significantly, the prosecution itself asserts that one Santa Singh was present

at the relevant time. Santa Singh was thus the most natural and ind

2004 (O&M)

-15-

ground, the Court is required to seek satisfactory corroboration,

particularly when serious allegations of persistent cruelty extending over

several years are made. Upon perusal of the testimony of PW

examination, it is forthcoming that whe

made material improvements in his statement

one given to Police. It is also relevant to note that in his cross

examination, he submitted that he does not remember when the deceased had

d to him about the maltreatment given to her. He had also denied

receiving amount of Rs.10,000/- and Rs. 12,000/

well as the fact that the appellant No. 1 filed for divorce after the decision of

panchayat regarding bad character of the deceased.

The prosecution has relied upon an earlier

A and 406 IPC to establish continuing harassment. However, it is an

admitted position that the said criminal proceedings culminated in a

compromise between the parties and the deceased resumed cohabitation in

her matrimonial home. Once the earlier dispute admittedly stood settled, the

prosecution was required to establish by reliable evidence that fresh acts of

related cruelty continued thereafter and persisted t

preceding the death. Except for general and omnibus assertions, no

convincing evidence has been produced to establish such continuity.

The prosecution has heavily relied upon the alleged incident

dated 14.09.2001, when, according to PW-5, appellant Satbir called him to

the matrimonial home and reiterated the demand of

Significantly, the prosecution itself asserts that one Santa Singh was present

at the relevant time. Santa Singh was thus the most natural and ind

ground, the Court is required to seek satisfactory corroboration,

particularly when serious allegations of persistent cruelty extending over

several years are made. Upon perusal of the testimony of PW-5 and his

when he was confronted, he has

improvements in his statement before the Court as compared

. It is also relevant to note that in his cross

examination, he submitted that he does not remember when the deceased had

d to him about the maltreatment given to her. He had also denied

and Rs. 12,000/- through demand drafts as

well as the fact that the appellant No. 1 filed for divorce after the decision of

f the deceased.

The prosecution has relied upon an earlier case under Sections

A and 406 IPC to establish continuing harassment. However, it is an

admitted position that the said criminal proceedings culminated in a

s and the deceased resumed cohabitation in

her matrimonial home. Once the earlier dispute admittedly stood settled, the

prosecution was required to establish by reliable evidence that fresh acts of

related cruelty continued thereafter and persisted till immediately

preceding the death. Except for general and omnibus assertions, no

convincing evidence has been produced to establish such continuity.

The prosecution has heavily relied upon the alleged incident

5, appellant Satbir called him to

the matrimonial home and reiterated the demand of ₹21,000/- and a scooter.

Significantly, the prosecution itself asserts that one Santa Singh was present

at the relevant time. Santa Singh was thus the most natural and independent

ground, the Court is required to seek satisfactory corroboration,

particularly when serious allegations of persistent cruelty extending over

and his

n he was confronted, he has

before the Court as compared

. It is also relevant to note that in his cross

examination, he submitted that he does not remember when the deceased had

d to him about the maltreatment given to her. He had also denied

through demand drafts as

well as the fact that the appellant No. 1 filed for divorce after the decision of

under Sections

A and 406 IPC to establish continuing harassment. However, it is an

admitted position that the said criminal proceedings culminated in a

s and the deceased resumed cohabitation in

her matrimonial home. Once the earlier dispute admittedly stood settled, the

prosecution was required to establish by reliable evidence that fresh acts of

ill immediately

preceding the death. Except for general and omnibus assertions, no

The prosecution has heavily relied upon the alleged incident

5, appellant Satbir called him to

and a scooter.

Significantly, the prosecution itself asserts that one Santa Singh was present

ependent

CRA-S-1538-SB-2004 (O&M)

witness to corroborate the alleged demand. No explanation whatsoever has

been furnished for withholding his testimony.

present case, where the alleged demand made three days prior to the death

constitutes the foundatio

failure to examine such a material witness assumes considerable significance

and gives rise to an adverse inference against the prosecution.

17.

to indicate that, after the compromise, the deceased had complained of

persistent dowry

resolution proximate to the occurrence, medico

evidence has been produced to esta

to cruelty in connection with dowry demands. While physical injuries are not

a sine qua non for proving cruelty under Sections 498

complete absence of such corroborative material assumes signifi

considered cumulatively with the other infirmities in the prosecution case.

18.

an alternative matrimonial background. Documentary evidence regarding

Panchayat proceedings and the f

proceedings under Section 13 of the Hindu Marriage Act prior to the

occurrence indicate that serious matrimonial discord already existed between

the spouses independent of the alleged dowry demand because of the bad

character of Sunita. The deposition of DW

importance as he specifically stated that he alongwith Satbir had gone to Jind

Police Station where the deceased Sunita was apprehended with one Tittu by

the police. Whether those allegations

2004 (O&M)

-16-

witness to corroborate the alleged demand. No explanation whatsoever has

been furnished for withholding his testimony.

present case, where the alleged demand made three days prior to the death

constitutes the foundation for invoking Section 304

failure to examine such a material witness assumes considerable significance

and gives rise to an adverse inference against the prosecution.

Equally significant is the lack of any contemporaneous mat

to indicate that, after the compromise, the deceased had complained of

persistent dowry-related harassment. No letter, complaint, Panchayat

resolution proximate to the occurrence, medico

evidence has been produced to establish that she was continuously subjected

to cruelty in connection with dowry demands. While physical injuries are not

a sine qua non for proving cruelty under Sections 498

complete absence of such corroborative material assumes signifi

considered cumulatively with the other infirmities in the prosecution case.

The defence has, on the other hand, succeeded in probabilising

an alternative matrimonial background. Documentary evidence regarding

Panchayat proceedings and the fact that appellant No.1 had instituted

proceedings under Section 13 of the Hindu Marriage Act prior to the

occurrence indicate that serious matrimonial discord already existed between

the spouses independent of the alleged dowry demand because of the bad

haracter of Sunita. The deposition of DW

importance as he specifically stated that he alongwith Satbir had gone to Jind

Police Station where the deceased Sunita was apprehended with one Tittu by

the police. Whether those allegations ultimately stood proved or not is

witness to corroborate the alleged demand. No explanation whatsoever has

been furnished for withholding his testimony. In the peculiar facts of the

present case, where the alleged demand made three days prior to the death

n for invoking Section 304-B IPC, the prosecution's

failure to examine such a material witness assumes considerable significance

and gives rise to an adverse inference against the prosecution.

Equally significant is the lack of any contemporaneous material

to indicate that, after the compromise, the deceased had complained of

related harassment. No letter, complaint, Panchayat

resolution proximate to the occurrence, medico-legal record, or independent

blish that she was continuously subjected

to cruelty in connection with dowry demands. While physical injuries are not

a sine qua non for proving cruelty under Sections 498-A or 304-B IPC, the

complete absence of such corroborative material assumes significance when

considered cumulatively with the other infirmities in the prosecution case.

The defence has, on the other hand, succeeded in probabilising

an alternative matrimonial background. Documentary evidence regarding

act that appellant No.1 had instituted

proceedings under Section 13 of the Hindu Marriage Act prior to the

occurrence indicate that serious matrimonial discord already existed between

the spouses independent of the alleged dowry demand because of the bad

haracter of Sunita. The deposition of DW-4 Balwan Singh assumes

importance as he specifically stated that he alongwith Satbir had gone to Jind

Police Station where the deceased Sunita was apprehended with one Tittu by

ultimately stood proved or not is

witness to corroborate the alleged demand. No explanation whatsoever has

In the peculiar facts of the

present case, where the alleged demand made three days prior to the death

B IPC, the prosecution's

failure to examine such a material witness assumes considerable significance

erial

to indicate that, after the compromise, the deceased had complained of

related harassment. No letter, complaint, Panchayat

legal record, or independent

blish that she was continuously subjected

to cruelty in connection with dowry demands. While physical injuries are not

B IPC, the

cance when

The defence has, on the other hand, succeeded in probabilising

an alternative matrimonial background. Documentary evidence regarding

act that appellant No.1 had instituted

proceedings under Section 13 of the Hindu Marriage Act prior to the

occurrence indicate that serious matrimonial discord already existed between

the spouses independent of the alleged dowry demand because of the bad

4 Balwan Singh assumes

importance as he specifically stated that he alongwith Satbir had gone to Jind

Police Station where the deceased Sunita was apprehended with one Tittu by

ultimately stood proved or not is

CRA-S-1538-SB-2004 (O&M)

immaterial. The relevance of such evidence lies in demonstrating that the

marriage had become strained for reasons not necessarily attributable to

dowry. Consequently, the possibility of the unfortunate incident having

occurred due to matrimonial incompatibility cannot be completely ruled out.

19.

prosecution case. PW

that the possibility of suicidal burns by pouring kerosene upon oneself could

not be excluded. Though such opinion by itself does not exonerate the

accused, it certainly weakens the prosecution case when the foundational

facts necessary for invoking Section 304

satisfactorily established.

20.

including deposits made for the benefit of the minor child and monetary

transfers from the appel

innocence. There are substantial financial transactions on record which had

taken place from the appellants’ family in favour of the complainant's family

i.e. amounts of

side to the complainant side in favour of Santa Singh (brother of the

deceased) vide demand draft dated 16.02.1998 and 21.07.1998 (Exs.DL/1

and DL/2). Apart from that the accused had a

Rs.2 lakhs

Rs.1,50,000/-

was encashed before the date of maturity by Smt. Jagwanti.

improbable that on one hand the appellants are t

2004 (O&M)

-17-

immaterial. The relevance of such evidence lies in demonstrating that the

marriage had become strained for reasons not necessarily attributable to

dowry. Consequently, the possibility of the unfortunate incident having

urred due to matrimonial incompatibility cannot be completely ruled out.

The medical evidence also does not conclusively advance the

prosecution case. PW-7 Dr. Asha Goel admitted during cross

that the possibility of suicidal burns by pouring kerosene upon oneself could

not be excluded. Though such opinion by itself does not exonerate the

accused, it certainly weakens the prosecution case when the foundational

facts necessary for invoking Section 304-B IPC have themselves not been

satisfactorily established.

The defence evidence regarding financial transactions,

including deposits made for the benefit of the minor child and monetary

transfers from the appellants' family, may not by itself conclusively establish

innocence. There are substantial financial transactions on record which had

taken place from the appellants’ family in favour of the complainant's family

i.e. amounts of ₹10,000/- and ₹12,000/- were

side to the complainant side in favour of Santa Singh (brother of the

deceased) vide demand draft dated 16.02.1998 and 21.07.1998 (Exs.DL/1

and DL/2). Apart from that the accused had a

in the savings account of Smt. Jagwanti out of which

- was transferred into an FD for a period of three years, which

was encashed before the date of maturity by Smt. Jagwanti.

improbable that on one hand the appellants are t

immaterial. The relevance of such evidence lies in demonstrating that the

marriage had become strained for reasons not necessarily attributable to

dowry. Consequently, the possibility of the unfortunate incident having

urred due to matrimonial incompatibility cannot be completely ruled out.

The medical evidence also does not conclusively advance the

admitted during cross-examination

that the possibility of suicidal burns by pouring kerosene upon oneself could

not be excluded. Though such opinion by itself does not exonerate the

accused, it certainly weakens the prosecution case when the foundational

B IPC have themselves not been

The defence evidence regarding financial transactions,

including deposits made for the benefit of the minor child and monetary

lants' family, may not by itself conclusively establish

innocence. There are substantial financial transactions on record which had

taken place from the appellants’ family in favour of the complainant's family

were transferred from the accused

side to the complainant side in favour of Santa Singh (brother of the

deceased) vide demand draft dated 16.02.1998 and 21.07.1998 (Exs.DL/1

and DL/2). Apart from that the accused had also deposited an amount of

in the savings account of Smt. Jagwanti out of which

was transferred into an FD for a period of three years, which

was encashed before the date of maturity by Smt. Jagwanti. Thus, it is highly

improbable that on one hand the appellants are transferring money to the

immaterial. The relevance of such evidence lies in demonstrating that the

marriage had become strained for reasons not necessarily attributable to

dowry. Consequently, the possibility of the unfortunate incident having

The medical evidence also does not conclusively advance the

examination

that the possibility of suicidal burns by pouring kerosene upon oneself could

not be excluded. Though such opinion by itself does not exonerate the

accused, it certainly weakens the prosecution case when the foundational

B IPC have themselves not been

The defence evidence regarding financial transactions,

including deposits made for the benefit of the minor child and monetary

lants' family, may not by itself conclusively establish

innocence. There are substantial financial transactions on record which had

taken place from the appellants’ family in favour of the complainant's family

transferred from the accused

side to the complainant side in favour of Santa Singh (brother of the

deceased) vide demand draft dated 16.02.1998 and 21.07.1998 (Exs.DL/1

lso deposited an amount of

in the savings account of Smt. Jagwanti out of which

was transferred into an FD for a period of three years, which

Thus, it is highly

ransferring money to the

CRA-S-1538-SB-2004 (O&M)

complainant’s family and on the other hand

deceased solely for extracting

21.

behalf of the appellants that the alleg

vague and omnibus in nature. The prosecution has failed to attribute any

specific overt act constituting dowry

allegations involving all family members, in the absence of specif

demonstrating their active participation, cannot constitute a safe basis for

sustaining conviction.

22.

premise that since the death occurred within seven years of marriage and an

earlier FIR regarding dowry harassment had existed, the statutory

presumption automatically stood attracted. Such an approach, in the

considered opinion of this Court, overlooks the settled legal position that the

prosecution must first establish, beyond r

was subjected to cruelty or harassment for or in connection with demand for

dowry soon before her death. Insofar as the presumption under Section 113

B of the Evidence Act is concerned, the same arises only when the

prosecution first establishes the foundational facts, particularly cruelty or

harassment for dowry

prosecution remain general, vague and unsupported by any independent

evidence. Most importantly, the prosecutio

cruelty or harassment was meted out to the deceased “soon before her

death”, which is a

B IPC. Consequently, the statutory presumption does not arise. Reliance in

2004 (O&M)

-18-

complainant’s family and on the other hand

solely for extracting ₹21,000/- and a scooter.

This Court also finds substance in the contention raised on

behalf of the appellants that the allegations against appellant Nos.3 and 4 are

vague and omnibus in nature. The prosecution has failed to attribute any

specific overt act constituting dowry-related cruelty to them. Mere general

allegations involving all family members, in the absence of specif

demonstrating their active participation, cannot constitute a safe basis for

sustaining conviction.

The Trial Court appears to have proceeded substantially on the

premise that since the death occurred within seven years of marriage and an

earlier FIR regarding dowry harassment had existed, the statutory

presumption automatically stood attracted. Such an approach, in the

considered opinion of this Court, overlooks the settled legal position that the

prosecution must first establish, beyond reasonable doubt, that the deceased

was subjected to cruelty or harassment for or in connection with demand for

dowry soon before her death. Insofar as the presumption under Section 113

B of the Evidence Act is concerned, the same arises only when the

cution first establishes the foundational facts, particularly cruelty or

harassment for dowry soon before death. The allegations levelled by the

prosecution remain general, vague and unsupported by any independent

evidence. Most importantly, the prosecution has failed to prove that any such

cruelty or harassment was meted out to the deceased “soon before her

death”, which is a sine qua non for attracting the provisions of Section 304

Consequently, the statutory presumption does not arise. Reliance in

complainant’s family and on the other hand persistently harassing the

and a scooter.

This Court also finds substance in the contention raised on

ations against appellant Nos.3 and 4 are

vague and omnibus in nature. The prosecution has failed to attribute any

related cruelty to them. Mere general

allegations involving all family members, in the absence of specific evidence

demonstrating their active participation, cannot constitute a safe basis for

The Trial Court appears to have proceeded substantially on the

premise that since the death occurred within seven years of marriage and an

earlier FIR regarding dowry harassment had existed, the statutory

presumption automatically stood attracted. Such an approach, in the

considered opinion of this Court, overlooks the settled legal position that the

easonable doubt, that the deceased

was subjected to cruelty or harassment for or in connection with demand for

dowry soon before her death. Insofar as the presumption under Section 113-

B of the Evidence Act is concerned, the same arises only when the

cution first establishes the foundational facts, particularly cruelty or

The allegations levelled by the

prosecution remain general, vague and unsupported by any independent

n has failed to prove that any such

cruelty or harassment was meted out to the deceased “soon before her

for attracting the provisions of Section 304-

Consequently, the statutory presumption does not arise. Reliance in

ly harassing the

This Court also finds substance in the contention raised on

ations against appellant Nos.3 and 4 are

vague and omnibus in nature. The prosecution has failed to attribute any

related cruelty to them. Mere general

ic evidence

demonstrating their active participation, cannot constitute a safe basis for

The Trial Court appears to have proceeded substantially on the

premise that since the death occurred within seven years of marriage and an

earlier FIR regarding dowry harassment had existed, the statutory

presumption automatically stood attracted. Such an approach, in the

considered opinion of this Court, overlooks the settled legal position that the

easonable doubt, that the deceased

was subjected to cruelty or harassment for or in connection with demand for

-

B of the Evidence Act is concerned, the same arises only when the

cution first establishes the foundational facts, particularly cruelty or

The allegations levelled by the

prosecution remain general, vague and unsupported by any independent

n has failed to prove that any such

cruelty or harassment was meted out to the deceased “soon before her

-

Consequently, the statutory presumption does not arise. Reliance in

CRA-S-1538-SB-2004 (O&M)

this regard is placed upon decision of Hon’ble Supreme Court in

State of Madhya Pradesh, 2017 (1) SCC 101;

factum of unnatural death in the matrimonial home and that too within seven

years of marriage is ipso facto

Sections 304B

accused prosecution has to prove

of dowry by cogent evidence beyond reasonable doubt. It was also

general allegations unsupported by cogent and reliable evidence are

insufficient to invoke the statutory presumption under section 113

Indian Evidence Act.

“31. Section

dowry death in the following terms:

"113B. Presumption as to dowry death.

whether a person has committed the dowry death of a woman and it

is shown that soon before her death such woman has been subjected

by such person to cruelty or harassment for, or in connection with,

any demand for dowry, the Court shal

had caused the dowry death.

Explanation

have the same meaning as in Section

Code (45 of 1860)"

32. Noticeably this presumption as well is founded on the proof of

cruelty or harassment of the woman dead for or in connection with

any demand for dowry by the person charged with the offence.

2004 (O&M)

-19-

this regard is placed upon decision of Hon’ble Supreme Court in

State of Madhya Pradesh, 2017 (1) SCC 101;

factum of unnatural death in the matrimonial home and that too within seven

years of marriage is ipso facto not sufficient to bring home the charge under

304B and 498A of I.P.C. against accused and to convict the

prosecution has to prove ingredient of cruelty on account of demand

of dowry by cogent evidence beyond reasonable doubt. It was also

general allegations unsupported by cogent and reliable evidence are

insufficient to invoke the statutory presumption under section 113

Evidence Act. The relevant paragraphs are reproduced below:

“31. Section 113B of the Act enjoins a statutory presumption as to

dowry death in the following terms:

"113B. Presumption as to dowry death.

whether a person has committed the dowry death of a woman and it

is shown that soon before her death such woman has been subjected

by such person to cruelty or harassment for, or in connection with,

any demand for dowry, the Court shal

had caused the dowry death.

Explanation - For the purpose of this section, "dowry death" shall

have the same meaning as in Section

Code (45 of 1860)"

Noticeably this presumption as well is founded on the proof of

cruelty or harassment of the woman dead for or in connection with

any demand for dowry by the person charged with the offence.

this regard is placed upon decision of Hon’ble Supreme Court in Baijnath v.

State of Madhya Pradesh, 2017 (1) SCC 101; wherein it was held that the

factum of unnatural death in the matrimonial home and that too within seven

not sufficient to bring home the charge under

of I.P.C. against accused and to convict the

nt of cruelty on account of demand

of dowry by cogent evidence beyond reasonable doubt. It was also held that

general allegations unsupported by cogent and reliable evidence are

insufficient to invoke the statutory presumption under section 113-B of

The relevant paragraphs are reproduced below:

of the Act enjoins a statutory presumption as to

"113B. Presumption as to dowry death. - When the question is

whether a person has committed the dowry death of a woman and it

is shown that soon before her death such woman has been subjected

by such person to cruelty or harassment for, or in connection with,

any demand for dowry, the Court shall presume that such person

For the purpose of this section, "dowry death" shall

have the same meaning as in Section 304B of the Indian Penal

Noticeably this presumption as well is founded on the proof of

cruelty or harassment of the woman dead for or in connection with

any demand for dowry by the person charged with the offence. The

Baijnath v.

wherein it was held that the

factum of unnatural death in the matrimonial home and that too within seven

not sufficient to bring home the charge under

of I.P.C. against accused and to convict the

nt of cruelty on account of demand

held that

general allegations unsupported by cogent and reliable evidence are

B of

of the Act enjoins a statutory presumption as to

When the question is

whether a person has committed the dowry death of a woman and it

is shown that soon before her death such woman has been subjected

by such person to cruelty or harassment for, or in connection with,

l presume that such person

For the purpose of this section, "dowry death" shall

of the Indian Penal

Noticeably this presumption as well is founded on the proof of

cruelty or harassment of the woman dead for or in connection with

The

CRA-S-1538-SB-2004 (O&M)

presumption as to dowry death thus would get activated only up

the proof of the fact that the deceased lady had been subjected to

cruelty or harassment for or in connection with any demand for

dowry by the accused and that too in the reasonable contiguity of

death

to invoke the otherwise statutorily ordained presumption of

commission of the offence of dowry death by the person charged

therewith.

33. A conjoint reading of these three provisions, thus predicate the

burden of the prosecution to unassailably

ingredients of the two offences by direct and convincing evidence so

as to avail the presumption engrafted in Section

against the accused.

or his relative or the person charged is thus the sine qua non to

inspirit the statutory presumption, to draw the person charged

within the coils thereof. If the prosecution fails to demonstrate by

cogent coherent and persuasive evidence to pro

person accused of either of the above referred offences cannot be

held guilty by taking refuge only of the presumption to cover up the

shortfall in proof.

34. The legislative primature of relieving the prosecution of the

rigour of the pro

life within the guarded confines of a matrimonial home and of

replenishing the consequential void, by according a presumption

against the person charged, cannot be overeased to gloss

2004 (O&M)

-20-

presumption as to dowry death thus would get activated only up

the proof of the fact that the deceased lady had been subjected to

cruelty or harassment for or in connection with any demand for

dowry by the accused and that too in the reasonable contiguity of

death. Such a proof is thus the legislatively mandated pr

to invoke the otherwise statutorily ordained presumption of

commission of the offence of dowry death by the person charged

therewith.

33. A conjoint reading of these three provisions, thus predicate the

burden of the prosecution to unassailably

ingredients of the two offences by direct and convincing evidence so

as to avail the presumption engrafted in Section

against the accused. Proof of cruelty or harassment by

or his relative or the person charged is thus the sine qua non to

inspirit the statutory presumption, to draw the person charged

within the coils thereof. If the prosecution fails to demonstrate by

cogent coherent and persuasive evidence to pro

person accused of either of the above referred offences cannot be

held guilty by taking refuge only of the presumption to cover up the

shortfall in proof.

34. The legislative primature of relieving the prosecution of the

rigour of the proof of the often practically inaccessible recesses of

life within the guarded confines of a matrimonial home and of

replenishing the consequential void, by according a presumption

against the person charged, cannot be overeased to gloss

presumption as to dowry death thus would get activated only upon

the proof of the fact that the deceased lady had been subjected to

cruelty or harassment for or in connection with any demand for

dowry by the accused and that too in the reasonable contiguity of

. Such a proof is thus the legislatively mandated prerequisite

to invoke the otherwise statutorily ordained presumption of

commission of the offence of dowry death by the person charged

33. A conjoint reading of these three provisions, thus predicate the

burden of the prosecution to unassailably substantiate the

ingredients of the two offences by direct and convincing evidence so

as to avail the presumption engrafted in Section 113B of the Act

Proof of cruelty or harassment by the husband

or his relative or the person charged is thus the sine qua non to

inspirit the statutory presumption, to draw the person charged

within the coils thereof. If the prosecution fails to demonstrate by

cogent coherent and persuasive evidence to prove such fact, the

person accused of either of the above referred offences cannot be

held guilty by taking refuge only of the presumption to cover up the

34. The legislative primature of relieving the prosecution of the

of of the often practically inaccessible recesses of

life within the guarded confines of a matrimonial home and of

replenishing the consequential void, by according a presumption

against the person charged, cannot be overeased to gloss-over and

on

the proof of the fact that the deceased lady had been subjected to

cruelty or harassment for or in connection with any demand for

dowry by the accused and that too in the reasonable contiguity of

erequisite

to invoke the otherwise statutorily ordained presumption of

commission of the offence of dowry death by the person charged

33. A conjoint reading of these three provisions, thus predicate the

substantiate the

ingredients of the two offences by direct and convincing evidence so

of the Act

the husband

or his relative or the person charged is thus the sine qua non to

inspirit the statutory presumption, to draw the person charged

within the coils thereof. If the prosecution fails to demonstrate by

ve such fact, the

person accused of either of the above referred offences cannot be

held guilty by taking refuge only of the presumption to cover up the

34. The legislative primature of relieving the prosecution of the

of of the often practically inaccessible recesses of

life within the guarded confines of a matrimonial home and of

replenishing the consequential void, by according a presumption

over and

CRA-S-1538-SB-2004 (O&M)

condone its

the Sections involved, lest justice is the casualty.

35.

Section

propounded that the presumption is contingent on the fact that the

prosecution first spell out the ingredients of the offence of

Section

State of Punjab, 2011(2) RCR (Criminal) 878 : 2011(3) Recent

Apex Judgments (R.A.J.) 123 : (2011) 11 SCC 517

in Rajeev Kumar v. State of Haryana, 2013(4) RCR (Criminal)

964 : 2013(6)

SCC 640

one of the essential ingredients of dowry death under

Section

the woman to cruelty in connection with demand for dowry soon

before her death and that this ingredient has to be proved by the

prosecution beyond reasonable doubt and only then the Court will

presume that the accused has committed

under Section

earlier decision of this Court in

Rao, 2002(4) RCR (Criminal) 697 : (2003) 1 S

that to attract the provision of Section

main ingredients of the offence which is required to be established

is that "soon before her death" she was subject

harassment "in connection with the demand for dowry

2004 (O&M)

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condone its failure to prove credibly, the basic facts enumerated in

the Sections involved, lest justice is the casualty.

35. This Court while often dwelling on the scope and purport of

Section 304B of the Code and Se

propounded that the presumption is contingent on the fact that the

prosecution first spell out the ingredients of the offence of

Section 304B as in Shindo Alias Sawinder Kaur and another v.

State of Punjab, 2011(2) RCR (Criminal) 878 : 2011(3) Recent

Apex Judgments (R.A.J.) 123 : (2011) 11 SCC 517

Rajeev Kumar v. State of Haryana, 2013(4) RCR (Criminal)

964 : 2013(6) Recent Apex Judgments (R.A.J.) 362 : (2013) 16

SCC 640. In the latter pronouncement, this Court propounded that

one of the essential ingredients of dowry death under

Section 304B of the Code is that the acc

the woman to cruelty in connection with demand for dowry soon

before her death and that this ingredient has to be proved by the

prosecution beyond reasonable doubt and only then the Court will

presume that the accused has committed

under Section 113B of the Act. It referred to with approval, the

earlier decision of this Court in K. Prema S. Rao v. Yadla Srinivasa

Rao, 2002(4) RCR (Criminal) 697 : (2003) 1 S

that to attract the provision of Section

main ingredients of the offence which is required to be established

is that "soon before her death" she was subject

harassment "in connection with the demand for dowry

failure to prove credibly, the basic facts enumerated in

the Sections involved, lest justice is the casualty.

This Court while often dwelling on the scope and purport of

of the Code and Section 113B of the Act have

propounded that the presumption is contingent on the fact that the

prosecution first spell out the ingredients of the offence of

Shindo Alias Sawinder Kaur and another v.

State of Punjab, 2011(2) RCR (Criminal) 878 : 2011(3) Recent

Apex Judgments (R.A.J.) 123 : (2011) 11 SCC 517 and echoed

Rajeev Kumar v. State of Haryana, 2013(4) RCR (Criminal)

Recent Apex Judgments (R.A.J.) 362 : (2013) 16

. In the latter pronouncement, this Court propounded that

one of the essential ingredients of dowry death under

of the Code is that the accused must have subjected

the woman to cruelty in connection with demand for dowry soon

before her death and that this ingredient has to be proved by the

prosecution beyond reasonable doubt and only then the Court will

presume that the accused has committed the offence of dowry death

of the Act. It referred to with approval, the

K. Prema S. Rao v. Yadla Srinivasa

Rao, 2002(4) RCR (Criminal) 697 : (2003) 1 SCC 217 to the effect

that to attract the provision of Section 304B of the Code, one of the

main ingredients of the offence which is required to be established

is that "soon before her death" she was subjected to cruelty and

harassment "in connection with the demand for dowry

failure to prove credibly, the basic facts enumerated in

This Court while often dwelling on the scope and purport of

of the Act have

propounded that the presumption is contingent on the fact that the

prosecution first spell out the ingredients of the offence of

Shindo Alias Sawinder Kaur and another v.

State of Punjab, 2011(2) RCR (Criminal) 878 : 2011(3) Recent

and echoed

Rajeev Kumar v. State of Haryana, 2013(4) RCR (Criminal)

Recent Apex Judgments (R.A.J.) 362 : (2013) 16

. In the latter pronouncement, this Court propounded that

one of the essential ingredients of dowry death under

used must have subjected

the woman to cruelty in connection with demand for dowry soon

before her death and that this ingredient has to be proved by the

prosecution beyond reasonable doubt and only then the Court will

the offence of dowry death

of the Act. It referred to with approval, the

K. Prema S. Rao v. Yadla Srinivasa

to the effect

of the Code, one of the

main ingredients of the offence which is required to be established

ed to cruelty and

CRA-S-1538-SB-2004 (O&M)

36. Tested on the judicially adumbrated parameters as above,

are of the unhesitant opinion that

prove

deceased for or in connection with any demand for dowry as

contemplated in either of the two provisions of the Code under

which the accused persons had been charged. Noticeably, the

alleged demand centers around a motorcycle, which as the evidence

of th

surface at the time of finalisation of the marriage. PW

of the deceased has even conceded that there was no dowry demand

at that stage. According to her, when the husband (who is dead)

insisted for a motorcycle thereafter he was assured that he would be

provided with the same, finances permitting. Noticeably again, the

demand, as sought to be projected by the prosecution, if accepted to

be true had lingered for almost two years. Yet

complaint was made thereof to anyone, far less the police.

from the general allegations in the same tone in geminated with

parrot like similarity by the prosecution witnesses, the allegation of

cruelty and harassment to the deceased is

confidential communications by her to her parents in particular and

is not supported by any other quarter.".

23.

establish those foundational

itself does not arise. Even otherwise, the defence evidence and the

2004 (O&M)

-22-

36. Tested on the judicially adumbrated parameters as above,

are of the unhesitant opinion that

prove beyond reasonable doubt, cruelty or harassment to t

deceased for or in connection with any demand for dowry as

contemplated in either of the two provisions of the Code under

which the accused persons had been charged. Noticeably, the

alleged demand centers around a motorcycle, which as the evidence

of the prosecution witnesses would evince, admittedly did not

surface at the time of finalisation of the marriage. PW

of the deceased has even conceded that there was no dowry demand

at that stage. According to her, when the husband (who is dead)

insisted for a motorcycle thereafter he was assured that he would be

provided with the same, finances permitting. Noticeably again, the

demand, as sought to be projected by the prosecution, if accepted to

be true had lingered for almost two years. Yet

complaint was made thereof to anyone, far less the police.

from the general allegations in the same tone in geminated with

parrot like similarity by the prosecution witnesses, the allegation of

cruelty and harassment to the deceased is

confidential communications by her to her parents in particular and

is not supported by any other quarter.".

In the present case, the prosecution has failed to satisfactorily

establish those foundational facts. Consequently, the statutory presumption

itself does not arise. Even otherwise, the defence evidence and the

36. Tested on the judicially adumbrated parameters as above, we

are of the unhesitant opinion that the prosecution has failed to

beyond reasonable doubt, cruelty or harassment to the

deceased for or in connection with any demand for dowry as

contemplated in either of the two provisions of the Code under

which the accused persons had been charged. Noticeably, the

alleged demand centers around a motorcycle, which as the evidence

e prosecution witnesses would evince, admittedly did not

surface at the time of finalisation of the marriage. PW-5, the mother

of the deceased has even conceded that there was no dowry demand

at that stage. According to her, when the husband (who is dead) had

insisted for a motorcycle thereafter he was assured that he would be

provided with the same, finances permitting. Noticeably again, the

demand, as sought to be projected by the prosecution, if accepted to

be true had lingered for almost two years. Yet admittedly, no

complaint was made thereof to anyone, far less the police. Apart

from the general allegations in the same tone in geminated with

parrot like similarity by the prosecution witnesses, the allegation of

cruelty and harassment to the deceased is founded on the

confidential communications by her to her parents in particular and

is not supported by any other quarter.".

…….emphasis supplied

In the present case, the prosecution has failed to satisfactorily

facts. Consequently, the statutory presumption

itself does not arise. Even otherwise, the defence evidence and the

we

prosecution has failed to

he

deceased for or in connection with any demand for dowry as

contemplated in either of the two provisions of the Code under

which the accused persons had been charged. Noticeably, the

alleged demand centers around a motorcycle, which as the evidence

e prosecution witnesses would evince, admittedly did not

5, the mother

of the deceased has even conceded that there was no dowry demand

had

insisted for a motorcycle thereafter he was assured that he would be

provided with the same, finances permitting. Noticeably again, the

demand, as sought to be projected by the prosecution, if accepted to

admittedly, no

Apart

from the general allegations in the same tone in geminated with

parrot like similarity by the prosecution witnesses, the allegation of

founded on the

confidential communications by her to her parents in particular and

In the present case, the prosecution has failed to satisfactorily

facts. Consequently, the statutory presumption

itself does not arise. Even otherwise, the defence evidence and the

CRA-S-1538-SB-2004 (O&M)

surrounding circumstances are sufficient to create a reasonable doubt

regarding the prosecution version.

24.

grave, can never take the place of legal proof. Conviction under Section

304-B IPC entails serious penal consequences and, therefore, strict proof of

each essential ingredient is indispensable. The cumulative effect of the

compromise in the earlier proceedings, absence of convincing evidence of

cruelty after the compromise, withholding of the most material independent

witness, absence of contemporaneous corroboration, existence of prior

matrimonial discord independent of dow

and the vague allegations against the remaining appellants creates substantial

and reasonable doubt regarding the prosecution case.

25.

doubt that the decease

with dowry demand soon before her death. Consequently, the conviction

recorded under Section 304

26.

failed to prove the ingredients of Section 498

doubt. The evidence led is insufficient to establish continuous wilful conduct

amounting to cruelty as defined under the said provision.

27.

its case beyond reasonable doubt. Where material contradictions, and other

factors coexist, the benefit of doubt must necessarily ensue to the accused,

In Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116

2004 (O&M)

-23-

surrounding circumstances are sufficient to create a reasonable doubt

regarding the prosecution version.

Criminal jurisprudence mandates

grave, can never take the place of legal proof. Conviction under Section

B IPC entails serious penal consequences and, therefore, strict proof of

each essential ingredient is indispensable. The cumulative effect of the

compromise in the earlier proceedings, absence of convincing evidence of

cruelty after the compromise, withholding of the most material independent

witness, absence of contemporaneous corroboration, existence of prior

matrimonial discord independent of dowry, inconclusive medical evidence

and the vague allegations against the remaining appellants creates substantial

and reasonable doubt regarding the prosecution case.

The prosecution has thus failed to establish beyond reasonable

doubt that the deceased was subjected to cruelty or harassment in connection

with dowry demand soon before her death. Consequently, the conviction

recorded under Section 304-B IPC cannot be sustained.

For substantially the same reasons, the prosecution has also

rove the ingredients of Section 498

doubt. The evidence led is insufficient to establish continuous wilful conduct

amounting to cruelty as defined under the said provision.

Criminal jurisprudence mandates that prosecution must

its case beyond reasonable doubt. Where material contradictions, and other

factors coexist, the benefit of doubt must necessarily ensue to the accused,

Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116

surrounding circumstances are sufficient to create a reasonable doubt

Criminal jurisprudence mandates that suspicion, however

grave, can never take the place of legal proof. Conviction under Section

B IPC entails serious penal consequences and, therefore, strict proof of

each essential ingredient is indispensable. The cumulative effect of the

compromise in the earlier proceedings, absence of convincing evidence of

cruelty after the compromise, withholding of the most material independent

witness, absence of contemporaneous corroboration, existence of prior

ry, inconclusive medical evidence

and the vague allegations against the remaining appellants creates substantial

and reasonable doubt regarding the prosecution case.

The prosecution has thus failed to establish beyond reasonable

d was subjected to cruelty or harassment in connection

with dowry demand soon before her death. Consequently, the conviction

B IPC cannot be sustained.

For substantially the same reasons, the prosecution has also

rove the ingredients of Section 498-A IPC beyond reasonable

doubt. The evidence led is insufficient to establish continuous wilful conduct

amounting to cruelty as defined under the said provision.

Criminal jurisprudence mandates that prosecution must prove

its case beyond reasonable doubt. Where material contradictions, and other

factors coexist, the benefit of doubt must necessarily ensue to the accused,

Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116;

surrounding circumstances are sufficient to create a reasonable doubt

that suspicion, however

grave, can never take the place of legal proof. Conviction under Section

B IPC entails serious penal consequences and, therefore, strict proof of

each essential ingredient is indispensable. The cumulative effect of the

compromise in the earlier proceedings, absence of convincing evidence of

cruelty after the compromise, withholding of the most material independent

witness, absence of contemporaneous corroboration, existence of prior

ry, inconclusive medical evidence

and the vague allegations against the remaining appellants creates substantial

The prosecution has thus failed to establish beyond reasonable

d was subjected to cruelty or harassment in connection

with dowry demand soon before her death. Consequently, the conviction

For substantially the same reasons, the prosecution has also

A IPC beyond reasonable

doubt. The evidence led is insufficient to establish continuous wilful conduct

prove

its case beyond reasonable doubt. Where material contradictions, and other

factors coexist, the benefit of doubt must necessarily ensue to the accused,

;

CRA-S-1538-SB-2004 (O&M)

while relying upon its previ

Pradesh, 1973 (2) SCC 808

create reasonable doubt, the accused is entitled to its benefit. The relevant

part is reproduced below:

“162. We then pass on to another import

have been completely missed by the High Court. It is well settled

that where on the evidence two possibilities are available or open,

one which goes in favour of the prosecution and the other which

benefits an accused, the accused

benefit of doubt. In

2 SCC 808

"Another golden thread which runs through the web of the

administration of justice in criminal cases i

possible on the evidence adduced in the case, one pointing to the

guilt of the accused and the other to his innocence, the view which

is favourable to the accused should be adopted. This principle has a

special relevance in cases wh

to be established by circumstantial evidence."

28.

2026 (2) RCR (Criminal) 800

criminal trial, in case ther

favouring the accused must be followed.

29.

2004 (O&M)

-24-

while relying upon its previous decision in Kali Ram v. State of Himachal

Pradesh, 1973 (2) SCC 808; had emphasised that where circumstances

create reasonable doubt, the accused is entitled to its benefit. The relevant

part is reproduced below:

“162. We then pass on to another import

have been completely missed by the High Court. It is well settled

that where on the evidence two possibilities are available or open,

one which goes in favour of the prosecution and the other which

benefits an accused, the accused

benefit of doubt. In Kali Ram v. State of Himachal Pradesh, (1973)

2 SCC 808, this Court made the following observations :

"Another golden thread which runs through the web of the

administration of justice in criminal cases i

possible on the evidence adduced in the case, one pointing to the

guilt of the accused and the other to his innocence, the view which

is favourable to the accused should be adopted. This principle has a

special relevance in cases wherein the guilt of the accused is sought

to be established by circumstantial evidence."

More recently, In Narendra Singh v. State of Madhya Pradesh,

2026 (2) RCR (Criminal) 800; the Hon’ble Supreme Court has held that in a

criminal trial, in case there are two inferences possible, then the one

favouring the accused must be followed.

Accordingly, the present appeal deserves to be allowed.

Kali Ram v. State of Himachal

; had emphasised that where circumstances

create reasonable doubt, the accused is entitled to its benefit. The relevant

“162. We then pass on to another important point which seems to

have been completely missed by the High Court. It is well settled

that where on the evidence two possibilities are available or open,

one which goes in favour of the prosecution and the other which

benefits an accused, the accused is undoubtedly entitled to the

Kali Ram v. State of Himachal Pradesh, (1973)

, this Court made the following observations :

"Another golden thread which runs through the web of the

administration of justice in criminal cases is that if two views are

possible on the evidence adduced in the case, one pointing to the

guilt of the accused and the other to his innocence, the view which

is favourable to the accused should be adopted. This principle has a

erein the guilt of the accused is sought

to be established by circumstantial evidence."

Narendra Singh v. State of Madhya Pradesh,

; the Hon’ble Supreme Court has held that in a

e are two inferences possible, then the one

Accordingly, the present appeal deserves to be allowed.

Kali Ram v. State of Himachal

; had emphasised that where circumstances

create reasonable doubt, the accused is entitled to its benefit. The relevant

ant point which seems to

have been completely missed by the High Court. It is well settled

that where on the evidence two possibilities are available or open,

one which goes in favour of the prosecution and the other which

is undoubtedly entitled to the

Kali Ram v. State of Himachal Pradesh, (1973)

"Another golden thread which runs through the web of the

s that if two views are

possible on the evidence adduced in the case, one pointing to the

guilt of the accused and the other to his innocence, the view which

is favourable to the accused should be adopted. This principle has a

erein the guilt of the accused is sought

Narendra Singh v. State of Madhya Pradesh,

; the Hon’ble Supreme Court has held that in a

e are two inferences possible, then the one

CRA-S-1538-SB-2004 (O&M)

30.

16.07.2004 passed by the learned Additional Sess

hereby set aside. The surviving appellants are acquitted of all the charges by

extending to them the benefit of doubt. Their bail bonds stand discharged.

Pending applications, if any, shall also stand disposed of.

23.07.2026

Puneet

2004 (O&M)

-25-

The judgment of conviction and order of sentence dated

16.07.2004 passed by the learned Additional Sess

hereby set aside. The surviving appellants are acquitted of all the charges by

extending to them the benefit of doubt. Their bail bonds stand discharged.

Pending applications, if any, shall also stand disposed of.

(RUPINDERJIT CHAHAL)

Whether speaking/reasoned

Whether reportable

The judgment of conviction and order of sentence dated

16.07.2004 passed by the learned Additional Sessions Judge, Bhiwani, are

hereby set aside. The surviving appellants are acquitted of all the charges by

extending to them the benefit of doubt. Their bail bonds stand discharged.

Pending applications, if any, shall also stand disposed of.

(RUPINDERJIT CHAHAL)

JUDGE

: Yes

: Yes

The judgment of conviction and order of sentence dated

ions Judge, Bhiwani, are

hereby set aside. The surviving appellants are acquitted of all the charges by

extending to them the benefit of doubt. Their bail bonds stand discharged.