Sec.304 B of I.P.C. - there is no evidence that the deceased was treated with cruelty or harassment in connection with the demand of dowry “soon before her death” by the appellant
After the alleged demand of gold karra
two months after the
marriage, Sharanjit Kaur went to her
house, again came back to the marital
house and again went to her father’s
house and again came back to the
marital house. In our considered
view, the alleged demand of gold karra
about two months after the
marriage cannot be said to constitute
a
proximate live link with the death
of deceased Sharanjit Kaur and the
conviction of the appellant under
Section 304B IPC cannot be sustained.
Even though there is no evidence that
the deceased was treated
with cruelty or harassment in connection
with the demand of dowry “soon
before her death” by the appellant, in
our view, evidence on record makes
out an offence under Section
498A IPC. So far as the sentence,
the
occurrence was of the year 1997.
The appellant is having three grown up
children. The appellant has already
undergone sentence for a period of
about fifteen months. In the
facts and circumstances of the case, for
the conviction under Section 498A, she
is sentenced to undergo imprisonment
already undergone.