SHARMA, J. - (1.) NAVAL Singh and Bhagwan Singh, appellants herein, along with co-accused Smt. Prem Bai, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Dholpur, who vide judgment dated October 20, 2003 while acquitting co-accused Prem Bai, convicted and sentenced the appellants as under:- U/s. 498a IPC: Both to suffer simple imprisonment for two years and fine of Rs. 100/-, in default to further suffer fifteen days imprisonment. U/s. 304-B IPC: Both to suffer imprisonment for ten years. Sentences were ordered to run concurrently. Being aggrieved by the aforesaid finding instant appeals have been preferred.
(2.) IT is the prosecution case that on December 7, 2000 the informant Suraj Pal (Pw. 15) submitted a written report (Ex. P-7) to SHO Police Station Kolari in connection with the death of his married daughter Mangli in abnormal circumstances on December 6, 2000. IT was stated in the report that Mangli was married to Naval Singh on April 28, 1998 and she was subjected to cruelty in connection with demand of dowry. On that report case was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Dholpur. Charges under sections 498a, 304b in the alternative 302 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. Two witnesses in support of defence were examined. Learned trial Judge on hearing final submissions while acquitting co-accused convicted and sentenced the appellants as indicated herein above. We have heard learned counsel for the appellants and learned Public Prosecutor and with their assistance scanned the material on record. As per Post Mortem Report (Ex. P-4) following ante mortem injuries were found on the dead body:- 1. Bruise 1cm x 1/2 cm over left zygomatic region string mark size 1-1/2 cm broad extending from anterior aspect of neck at the level of thyroid cartilage to middle back of neck encircle whole of neck. In the opinion of Dr. Than Singh (Pw. 5) the cause of death was strangulation leading asphyxia and shock. Learned counsel for the appellants made following submissions:- (i) The prosecution failed to prove the demand of dowry. (ii) At the time of incident Bhagwan Singh was at the field and Nawal Singh was out of station. (iii) Deceased committed suicide and the prosecution failed to prove that she was ever treated cruelly. (iv) The SDM Dholpur conducted inquiry under section 174 Crpc but the prosecution failed examine the said SDM. (v) There were two versions of the incident and it is well settled that version favourable to the accused ought to have been taken to be true. Coming to the evidence adduced at the trial we notice that Mangli died within three years of her marriage under abnormal circumstances. Conjoint reading of statements of Lakhan Singh (Pw. 4), Kalawati (Pw. 9) and Het Ram (Pw. 10) demonstrates that appellant Naval Singh and Bhagwan Singh used to harass her in connection with demand of dowry. We however notice that these witnesses did not name Prema in their earlier statements recorded by the police. It was only after their `titamba Bayan' that the name of Prema was added.
(3.) THE expression `dowry' is defined by Section 2 of the Dowry Prohibition Act,1961 (for short `the Act'), as meaning anything which is given either directly or indirectly, by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person to either party to the marriage or to any other person" at or before or after the marriage as consideration for the marriage of the said parties. THE act has been amended by Act 63 of 1984 and Act 43 of 1986. Formerly dowry was defined as property given as consideration for the marriage but the words "as consideration for the marriage" have been omitted and substituted by the words "in connection with the marriage". Now dowry means any property given or agreed to be given by the parents of a party to the marriage at marriage or before marriage or at any time after marriage in connection with the marriage. Considering the definition of dowry their Lordships of Supreme Court in Reema Aggarwal Vs. Anupam (2004)3 SCC 199, indicated thus:- (Para 14) "the definition of the term "dowry" under Section 2 of the Dowry Act shows that any property or valuable security given or "agreed to be given" either directly or indirectly by one party to the marriage to the other party to the marriage "at or before or after the marriage" as a "consideration for the marriage of the said parties" would become "dowry" punishable under the Dowry Act. Property or valuable security so as to constitute "dowry" within the meaning of the Dowry Act must, therefore, be given or demanded "as consideration for the marriage". Interpreting the words "in connection with the marriage of the said parties", the Apex court in Satvir Singh Vs. State of Punjab (2001)8 SCC 633, propounded as under:-      " The word "dowry" in Section 304-B has to be understood as it is defined in Section 2 of the Dowry Prohibition Act,1961. Thus, there are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is "at any time" after the marriage. The third occasion may appear to be an unending period. But the crucial words are "in connection with the marriage of the said parties". This means that giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties. There can be many other instances for payment of money or giving property as between the spouses. For example, some customary payments in connection with birth of a child or other ceremonies prevalent in different societies. Such payments are not enveloped within the ambit of "dowry". ;