TMI Blog2012 (5) TMI 843X X X X Extracts X X X X X X X X Extracts X X X X ..... t dowry according to his capacity. However, her husband and parents-in-law were not satisfied with the dowry. They always made taunts for not bringing sufficient dowry. His son-in-law made various demands and the complainant had to give him a sum of ₹ 10,000/-. He had received information through Gopi Chand and Ram Kishan that his daughter had died by consuming poisonous tablets and her dead body had been cremated in the morning. On the basis of the said statement, FIR was recorded in P.S. Kharkhoda on 14.7.1989 at about 8.10 p.m. Under Sections 304, 201 and 498-A of the Indian Penal Code. S.I. Inder Lal accompanied Jiwan, complainant (PW.1) to village Mandora and went to the house of the accused persons. The accused persons, namely, Smt. Brahmo Devi, Rajbir and Dharampal were found present. He made the inquiries from them and, thereafter, came back to the police station and added the offence Under Section 304-B Indian Penal Code. The said accused as well as the Appellant were arrested. The I.O. went to the cremation ground and took into possession the ashes and bones in presence of Jiwan (PW.1), complainant and other witnesses and after putting them under sealed cover sent t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s; no medical evidence had been produced to show that she had been suffering from fits. There was sufficient evidence on record to show demand of dowry by the Appellant from his father-in-law. The Appellant had been making taunts and caused torture to the deceased on the ground of inadequate dowry. The demand by the Appellant had been fully supported by Suresh (PW.2) who purchased the house of the complainant for a sum of ₹ 12,000/-. Indro died within a period of one and a half years of marriage. The High Court convicted the Appellant Under Section 304-B Indian Penal Code and imposed the punishment of 7 years rigorous imprisonment, further Under Section 498-A Indian Penal Code imposed the punishment of six months RI. In respect of other persons the order of acquittal passed by the trial court was maintained. Hence, this appeal. 4. Shri K.K. Kaul, Learned Counsel appearing for the Appellant, has submitted that there has been no demand of dowry by the Appellant. The High Court did not appreciate the evidence in correct perspective. There had been material contradictions in the deposition of the prosecution witnesses. Suresh (PW.2) could not purchase the house of the compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n mentioned therein. He was also confronted with his statement Under Section 161 Code of Criminal Procedure. as he had not stated before the I.O. that he had been informed about the death of his daughter by Gopi Chand and Ram Kishan. Regarding the sale of the house to Suresh (PW.2), he has admitted that land belonged to the Wakf Board and, therefore, he could not execute any registered sale-deed in respect of the same. 7. Suresh (PW.2) deposed that he had purchased the house from Jiwan (PW.1), complainant, for ₹ 12,000/-, however, no sale-deed could be executed in his favour as the land belonged to the Wakf Board. 8. Fateh Singh (PW.3) deposed that he had been told by Jiwan (PW.1) that he was under a great pressure to pay ₹ 10,000/- to the Appellant to buy peace for his daughter and he had given ₹ 10,000/- to the Appellant. He was confronted with his statement Under Section 161 Code of Criminal Procedure. where he has not told the I.O. about this transaction. 9. S.I., Inder Lal (PW.6), Investigating Officer, deposed that he went to the cremation ground and collected ashes and bones in presence of witnesses and sent it for chemical analysis. In his cros ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid judgment was reconsidered by this Court in Bachni Devi v. State of Maharashtra, (2011) 4 SCC 427, wherein this Court held that the aforesaid judgment does not lay down a law of universal application. Each case has to be decided on its own facts and merit. If a demand for property or valuable security, directly or indirectly, has nexus with marriage, such demand would constitute demand for dowry. The cause of raising of such demand remains immaterial. 14. In view of above, we have to examine as to whether the demand by the Appellant for establishment of his tailoring business could be held to be a demand for dowry and further whether for that demand, the ill-treatment given by the Appellant to his wife was so grave that she had been driven to the extent that she has to commit suicide. The prosecution case has been that Indro, deceased, committed suicide by taking pills/poison. There is ample evidence on record and it has specifically been mentioned by the prosecution witnesses, particularly, Jiwan (PW.1), Fateh Singh (PW.3) and S.I., Inder Lal, I.O., (PW.6), that some broken pieces of bangles had been collected by the I.O. from the place of occurrence and broken b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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