- (1.) Respondents had faced trial qua offence punishable under Section 498-A , 304-B and 201 Indian Penal Code, 1860 (hereinafter referred to as ' I.P.C .') in FIR No. 393 dated 24.11.2014 registered at Police Station Women Cell, District Bharatpur. Trial court vide impugned judgment/order dated 20.11.2017 has ordered the conviction and sentence of the respondents under Section 498-A I.P.C. and has acquitted the respondents qua charges framed against them under Section 304-B , 201 I.P.C. by giving them benefit of doubt. Hence, the present appeal by the State.
(2.) We have heard learned state counsel and have gone through the record available on the file carefully. Prosecution story in brief is that Gora (since deceased) was married to Bhajan Lal on 21.04.2008. However, after her marriage, Gora was being harassed on account of demand of dowry by her in-laws family. Demand of Rupees fifty thousand in cash and a motor-cycle was being raised from Gora. Since, the said demand could not be met, Gora was given beatings by her in- laws family. On 09.11.2014, complainant came to know that his daughter had been murdered by the appellants about three days earlier.
(3.) On the basis of the statement of the complainant, formal FIR was registered. "Section 304-B I.P.C. reads as under:- 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 purpose of this sub-section, "dowry" shall 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 life.] Section 113-B of the Indian Evidence Act, 1872 reads as under:- 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 had caused the dowry death. Explanation.--For the purposes of this section, "dowry death" shall have the same meaning as in section 304B , of the Indian Penal Code, (45 of 1860)." Thus, in order to constitute an offence under Section 304-B I.P.C., a death of a woman must have been caused otherwise than under normal circumstances and should have occurred within seven years of her marriage. Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or by relative of her husband and such cruelty must be for or in connection with demand of dowry. ;