2. Learned counsel for the appellant contends that the only eye-witness
on the spot was Sunita. She categorically stated that she was residing in the
said house and when the appellant came home, the room was closed from
inside and the deceased committed suicide by hanging herself from the fan.
Crl.A. 433/2013 Page 1 of 13
She did not depose about any quarrel or any untoward incident that took
place between the deceased and the appellant soon before the death of the
deceased. The allegations of the mother and brother of the deceased that
there was demand of dowry are vague and general in nature. No previous
complaint in respect of demand of dowry or harassment was lodged. Further
it is self contradictory that on one hand allegation of demand of dowry was
made by mother of the deceased and on the other hand the deceased was not
being permitted to go to her parental home. Though the mother stated that
she lodged a complaint to the police however the same has not been proved.
Mother of the deceased made material improvements in her testimony. She
deposed that she took a loan of ₹2000/-. The witness has been duly
confronted with her earlier statement wherein this fact was not recorded.
The essential ingredients of offence punishable under Section 304B IPC i.e.
harassment in relation of demand of dowry soon before death having not
been proved, the appellant is entitled to be acquitted.
Source: Indian Kanoon