Nirmal Yadav, J. - (1.)THE State of Haryana has challenged the judgment dated 1.5.2006, passed by learned Additional Sessions Judge, Faridabad, acquitting accused Ram Singh, Prem, Dharamwati, Har Lal and Rattan Lal i.e. father, mother, sister and uncles of Nihal, husband of deceased Hem Lata.
(2.)THE prosecution story, in brief, is that Hem Lata daughter of Hari Ram, complainant, was married to Nihal on 21.11.1996. Sufficient dowry was given by the complainant (Hari Ram), as per his financial means. Just after the marriage, accused Nihal, his other relatives and grand -father Sukhi Ram, started treating Hem Lata with cruelty, as they were not satisfied with the dowry. On 18.9.2000, accused Nihal came to the house of the complainant and made a demand of Rs. 50,000, for setting up a shop. He was accompanied by his father, Ram Singh. When the complainant expressed his inability to meet the alleged demand, accused Nihal said that he should think about the welfare of his daughter. However, on 28.9.2000, Hem Lata is stated to have been burnt to death by the accused in their house. Complainant Hari Ram made an application, Ex. PA, to the Police, on the basis of which, First Information Report was registered against Nihal, his father Ram Singh, mother Prem, sister Premwati and grand -father Sukhi Ram. Meanwhile, Sukhi Ram died, therefore, charge under Section 304B read with Section 34, I.P.C. was framed against three accused only i.e. Nihal, Ram Singh and Smt. Prem.
After recording statement of Hari Ram (PW -1), application under Section 319, Cr.P.C. was moved by prosecvition, for summoning Smt. Dharamwati, sister of the accused Nihal, Rattan Lal and Har Lal, uncles of the accused Nihal. The material witnesses qua demand of dowry as well as dowry death are PW -1, Hari Ram (complainant) and PW -2, Fateh Singh, uncle of the deceased Hem Lata. PW -3 Dr. D.S. Rathi, conducted the postmortem examination on the dead body of Hem Lata on 29.9.2000 and found burn injuries present all over the body. All vital organs were found to be congested. The cause of death, in his opinion, was shock as a result of burn injuries, which were ante -mortem in nature and sufficient to cause death in the ordinary course of nature. Hem Lata, the deceased, was medico legally examined by PW -4, Dr. P.S. Parihar, who found burn injuries all over the body except feet and part of the head. The accused in their statements under Section 313, Cr.P.C. denied the allegations with regard to demand of dowry or harassing deceased Hem Lata. According to them, Hem Lata sustained burn injuries accidentally and they have been falsely implicated.

(3.)LEARNED Trial Court, after taking into consideration the entire evidence on record, acquitted all the accused of the charge framed under Section 304B read with Section 34, I.P.C. Only accused Nihal, husband of the deceased, Hem Lata, was convicted for the offence under Section 498A, for treating her with cruelty and for the demand of dowry, vide impugned judgment.