Indian Penal Code,1860  - Section 304-B , Section 498-A , The Indian Evidence Act, 1872  - Section 32

Dowry death - Conviction - Challenged - Deceased committed suicide on 14-1-2024 i.e. within 3 years of the marriage - Trial Court convicted appellant No. 1 and Appellant No. 2 (Mother-in-Law) u/ss. 304-B and 498-A of IPC - HC dismissed the appeal filed against said order - Hence, instant appeals - Held, undoubtedly, death of deceased was caused by burns and had occurred otherwise than under normal circumstances - The trigger point for committing suicide was the quarrel between deceased and her mother-in-law on the fateful day - At the same time it was also to be borne in mind that it was not a case where appellants have poured kerosene and put her on fire - That was the act of deceased herself and thus it was a case of suicide - The question was whether the quarrel between the deceased and her mother-in-law could be treated as satisfying the condition that 'soon before her death she was subjected to cruelty or harassment for, or in connection with, in demand for dowry - On the reading the statement in totality, it becomes clear that cause/ reason for regular fights was dowry - One can clearly find out from the statement that on that day also Appellant No. 2 fought with her for that reason - Deceased had nowhere stated that on that date when her mother-in-law had quarrelled with her, Appellant No. 1 was associated or even responsible for that - Court thus acquit Appellant No. 1 of charge u/s. 304B of IPC as well - Court maintained the sentence of 1 year rigorous imprisonment (R.I.) for offence u/s. 498A of IPC - However, in so far as s. 304B of IPC was concerned there were certain extenuating and mitigating circumstances which persuade Court to reduce the sentence of 10 years rigorous imprisonment as awarded to appellant No. 2 - Ends of justice would be sub served by reducing the sentence from 10 years to 7 years Rigorous Imprisonment - Appeals partly allowed.

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