LAW FOR ALL

Sections 304B, 498A or 306, IPC.= mere 'demand of dowry' without proof of 'cruelty' or 'harassment' caused to the deceased by the appellants cannot make the appellants liable for the offences under Sections 304B, 498A or 306, IPC. 7. To establish the offence of dowry death under Section 304B, IPC the prosecution has to prove beyond reasonable doubt that the husband or his relative has subjected the deceased to cruelty or harassment in connection with demand of dowry soon before her death. Similarly, to establish the offence under Section 498A, IPC the prosecution has to prove beyond reasonable doubt that the husband or his relative has subjected the victim to cruelty as defined in Clauses (a) and (b) of the Explanation to Section 498A, IPC. In the present case, the prosecution has not been able to prove beyond reasonable doubt that the appellants have subjected the deceased to any cruelty or harassment. Further, we have noticed from Ext. 31 written by PW 3 to the deceased on 25-04-2004 that after talking to the deceased on telephone, he was satisfied that she was living happily and was not being misbehaved with. No other material having come in evidence to establish that the appellants instigated the deceased to commit suicide, it is difficult for the Court to hold that the appellants had in any way abetted the suicide by the deceased on 18-05-2004. 8. For the aforesaid reasons, we set aside the impugned judgment of the High Court as well as the judgment of the Trial Court and allow the appeal. The appellants are on bail and their bail bonds are discharged.