- (1.) Leave granted.
(2.) The appellant, who was the sister-in-law of the deceased Manju Mandalani, was convicted under S. 304-B/34, 498-A Indian Penal Code and under S. 3 and 4 of the Dowry Prohibition Act, 1961. She was sentenced to 10 years' rigorous imprisonment under Section 304-B Indian Penal Code; 3 years' R1 under section 498-A Indian Penal Code; and 6 months' RI under S. 3 and 4 of the Dowry prohibition Act, read with Section 34 Indian Penal Code, by the IVth Additional Sessions judge, Dhanbad. On appeal, the High court acquitted her of the charges under S. 304-B/34 Indian Penal Code giving her the benefit of doubt. However, her conviction under S. 3 and 4 of the Dowry Prohibition Act was maintained.
(3.) It is contended by learned counsel on behalf of the appellant that the judgment passed by the High court is wholly inconsistent inasmuch as having recorded her acquittal from the charges under Section 304-B Indian Penal Code, it was not possible to maintain the convictions under S. 3 and 4 of the Dowry Prohibition Act. Section 304-B Indian Penal Code reads as under: "304-B.dowry death.- (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 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. Explanation.-For the purposes of this sub-section, 'dowry' shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961.707 (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. ";