Judgment M.L.Singhal, J. 1. In case FIR No. 87 dated 8.7.1997 under Section 304-B IPC of PS Dera Bassi (Sessions Case No. 17-T dated 11.8.2000/13.2.1998), Additional Sessions Judge, Patiala convicted and sentenced Jaswinder Singh alias Bhola, Swaran Kaur, Ashok Kumar and Dalwinder Kaur alias Bholi to undergo RI for a period of 7 years under Section 304-B IPC for having brought about the death of Smt. Usha Rani wife of Jaswinder Singh alias Bhola (which was "dowry death" as defined in Section 304-B IPC). 2. The prosecution case, in brief, is that about 1-3/4 years ago. Usha Rani daughter of Gurnam Singh son of Kewal Ram Saini of village Bhagwanpura was married to Jaswinder Singh alias Bhola s/o Gurnam Singh alias Nam Singh Saini to village Baltana. At the time of marriage, Gurnam Singh had given dowry to Jaswinder Singh alias Bhola per his financial capacity. He had also given black and white Television in dowry. Six months after marriage, the in-laws of Usha Rani began to harass her. Usha Rani was given beating and left at the house of her parents by them saying that they should take their black and white television and give them colour television instead and fridge also. Her in-laws told her parents that if they gave them colour television and fridge only then they would take Usha Rani to the matrimonial home. Gurnam Singh (father of Usha Rani) could not fulfil the demand of her in-laws for colour television and fridge. He collected panchayat of village Bhagwanpura and took that panchayat and his daughter to village Baltana. Panchayats of village Bhagwanpura and Baltana advised the in-laws or Usha Rani to keep Usha Rani at the matrimonial home. In-laws of Usha Rani accepted this advise and Usha Rani was kept in the matrimonial home. Her in-laws, however, did not relent so far as their demand for colour television and fridge was concerned. They continued harassing her and maltreating her as before. Usha Rani was kept at the matrimonial home for about 6 months though during that period, she was being harassed and ill-treated as their demand for colour television and fridge was not fulfilled. Her in-laws, however, did not relent so far as their demand for colour television and fridge was concerned. They continued harassing her and maltreating her as before. Usha Rani was kept at the matrimonial home for about 6 months though during that period, she was being harassed and ill-treated as their demand for colour television and fridge was not fulfilled. Thereafter, Usha Rani was given beating and turned out of the matrimonial home by Jaswinder Singh alias Bhola, his father Gurnam Singh, mother Swaran Kaur, sister Dalwinder Kaur @ Bholi and Dalwinder Kaur @ Bholis husband Ashok Kumar and father-in-law Gurnam Singh laying demand for Rs. 10,000/-. Gurnam Singh again convened panchayat of village Bhagwanpura. Usha Ranis father took that panchayat to village Baltana. At Baltana, he convened the panchayat of village Baltana. He took both the panchayats to the house of Usha Ranis in-laws. Usha Rani also accompanied them. He expressed his inability to fulfil their demand for Rs. 10,000/-. He left Usha Rani at the house of her in-laws. A few days prior to the fateful day, they came to know that the in-laws or Usha Rani had again started harassing and maltreating Usha Rani as they had not fulfilled their demand for Rs. 10,000/-. Thereupon, Usha Ranis father Gurnam Singh and mother Jai Devi went to village Baltana at the house of the accused where Jaswinder Singh alias Bhola, his father Gurnam Singh, mother Swaran Kaur, sister Dalwinder Kaur @ Bholi and Dalwinder Kaur @ Bholis husband Ashok Kumar met them where Usha Ranis father and mother were slapped by Usha Ranis father-in-law Gurnam Singh and they were driven out of the house by them who gave them threats. When they were coming out of the house of Usha Ranis in-laws. Usha Rani was also given slaps. In the morning of 8.7.1997, some body from village Baltana came to village Bhagwanpura. He informed them about the death of Usha Rani. Thereupon, Usha Ranis father Gurnam Singh collected panchayat and reached village Baltana. When they were coming out of the house of Usha Ranis in-laws. Usha Rani was also given slaps. In the morning of 8.7.1997, some body from village Baltana came to village Bhagwanpura. He informed them about the death of Usha Rani. Thereupon, Usha Ranis father Gurnam Singh collected panchayat and reached village Baltana. Usha Ranis father Gurnam Singh reported the matter to the police vide his statement Ex.PE/1 whereby he accused Usha Ranis husband Jaswinder Singh alias Bhola, sister Dalwinder Kaur @ Bholi, sisters husband Ashok Kumar, mother Swaran Kaur and father Gurnam Singh of causing the death of Usha Rani because of "cruelty" being inflicted on her on account of her inability to fulfil their demand namely colour television, fridge and Rs. 10,000/-. It may be mentioned here that Jaswinder Singh alias Bholas sister Dalwinder Kaur @ Bholi and her husband were mostly putting up at village Baltana and were privy to the demand for colour television, fridge and Rs. 10,000/- being made upon Usha Rani as "dowry". On the basis of statement Ex.PE, case FIR No. 87 dated 8.7.1997 was registered at PS Dera Bassi under Sections 304-B/506/34 IPC. 3. After investigation, accused Gurnam Singh, Swaran Kaur, Jaswinder Singh alias Bhola, Dalwinder Kaur @ Bholi and Ashok Kumar were challaned. Case was committed to the court of session by Judicial Magistrate First Class, Rajpura vide order dated 4.2.1998. 4. Vide order dated 16.3.1998, Additional Sessions Judge, Patiala charged, Ashok Kumar, Dalwinder Kaur @ Bholi, Jaswinder Singh alias Bhola, Gurnam Singh, Swaran Kaur under Section 304-B IPC. Accused pleaded not guilty to the charge and claimed trial. 5. Gurnam Singh accused died during the course of trial. As Gurnam Singh became beyond the reach of the arms of law, proceedings against him were dropped. At the conclusion of the trial, accused Jaswinder Singh alias Bhola, Swaran Kaur, Ashok Kumar and Dalwinder Kaur @ Bholi were convicted and sentenced by Additional Sessions Judge, Patiala as indicated above. 6. Jaswinder Singh alias Bhola accused when examined under Section 313 Cr.P.C. stated that he was innocent. Usha Rani remained sick prior to her marriage which she disclosed after marriage. She was getting treatment from Dewan Clinic, 367, Sector 27, Chandigarh after marriage. Hers was a natural death. She died due to illness. 6. Jaswinder Singh alias Bhola accused when examined under Section 313 Cr.P.C. stated that he was innocent. Usha Rani remained sick prior to her marriage which she disclosed after marriage. She was getting treatment from Dewan Clinic, 367, Sector 27, Chandigarh after marriage. Hers was a natural death. She died due to illness. Since the date of their marriage, his sister Dalwinder Kaur @ Bholi and her husband Ashok Kumar had been residing in their own village Sabhapur, PS Sadhaura, District Yamuna Nagar. They were not residing in village Baltana. He and other accused never ill-treated Usha Rani nor laid any demand upon her. it is a false case against him and other accused. Similar was the plea of Swaran Kaur, Ashok Kumar and his wife Dalwinder Kaur @ Bholi. In their defence, they examined Raj Kumar, Lajja Ram, Subhash Chand, Amarjit Singh, Dr. Sanjay Jain, Dr. Rajesh Gupta and Dr. Harinder Pal Dewan. Raj Kumar DW1 stated that Jaswinder Singh alias Bhola was married to Usha Rani in October, 1995. He attended this marriage. It was a simple marriage. Usha Rani remained sick. She was feeling giddiness and had occasional bouts of vomits. She was treated at Chandigarh. His floor mill is situated at bus stand Baltana. He had been seeing Usha Rani and Jaswinder Singh alias Bhola going to Chandigarh for treatment by bus. Dalwinder Kaur @ Bholi accused was also married in October 1995 with Ashok Kumar in District Yamuna Nagar. He attended their marriage also. Ashok Kumar and Dalwinder Kaur @ Bholi are putting up at village Sabhapur, Yamuna Nagar ever since their marriage in October 1995. He stated that Jaswinder Singh alias Bhola, his parents and relatives treated Usha Rani properly. They never maltreated her. Parents of Jaswinder Singh alias Bhola treated Usha Rani as their own daughter. Usha Rani died due to illness. It was a natural death. Lajja Ram DW2 stated that Ashok Kumar accused is residing in his village Sabhapur, District Yamuna Nagar. Ashok Kumar is an agriculturist of village Sabhapur. Since after their marriage Ashok Kumar and his wife are residing in village Sabhapur. He attended this marriage. Ashok Kumar took his land on lease in the year 1995. He cultivated that land till 1998. Ashok Kumar was residing at village Sabhapur. He also owns 4-5 acres of land of his own at village Sabhapur. Since after their marriage Ashok Kumar and his wife are residing in village Sabhapur. He attended this marriage. Ashok Kumar took his land on lease in the year 1995. He cultivated that land till 1998. Ashok Kumar was residing at village Sabhapur. He also owns 4-5 acres of land of his own at village Sabhapur. Subhash Chand DW3 stated that Ashok Kumar was lying shown in the voters record of Sadhaura constituency in the year, 1995. In the voters record of 1996-97 also he was enrolled as voter. Subhash Chand DW3 is an Election Kanungo in District Election Office, Yamuna Nagar. Amarjit Singh DW4 stated that Ashok Kumar figures on the ration card of Puran Chand who is his father. There is name of Ashok Kumar on this ration card. Dalwinder Kaur @ Bholi is also shown on that ration card. Dr. Sanjay Jain, Associate Professor, Internal Medicine, PGI, Chandigarh, PW5 stated that Usha Rani was admitted on 8.7.1997 at 1.01 A.M. against CR No. 263497, Admission No. 70320. She was accompanied by her husband Jaswinder Singh alias Bhola. She was brought to the hospital in a very critical condition with the symptoms that she was having difficulty in beating, she was deeply unconscious and pupils were dilated and fixed. She required immediate resuscitation. Despite intensive resuscitation, she died within 45 minutes i.e. at 1.45 a.m. on 8.7.1997. He was in-charge of medical emergency on 8.7.1997 when Usha Rani was admitted in PGI. He stated that he had not diagnosed her finally as it was not possible. Dr. Rajesh Gupta, Senior Resident, Pulmonary Medicine, PGI, Chandigarh DW6 stated that Usha Rani was brought to PGI on 8.7.1997. He stated that the cause of ailment was not known besides preliminary symptoms. Patient expired at 1.45 a.m. He issued death certificate Ex.PB on 8.7.1997. He cannot tell the cause of death of Usha Rani as she was not treated by him. Dr. Harinder Pal Dewan, Dewan Clinic and X-ray, Sector 27, Chandigarh DW7 stated that he has been running a clinic for over 20 years in Sector 27-D Chandigarh and practising as MBBS doctor, Ex.DC, DD, DE and DF are the prescription slips written and signed by him relating to Usha Rani. As per these prescription slips, Usha Rani was diagnosed by him as a patient of cerebral seizures. She was feeling difficulty in breathing, involuntary movement of limbs. As per these prescription slips, Usha Rani was diagnosed by him as a patient of cerebral seizures. She was feeling difficulty in breathing, involuntary movement of limbs. She was getting fits and unconsciousness with more symptoms of giddiness and some salivation from the mouth. On 8.2.1997 he had advised X-ray skull and EEG also. It was a confirmed case of cerebral seizures. He prescribed medicines accordingly every time. 7. Dr. B.D. Radotra, Associate Professor, Department of Histopathology, PGI, Chandigarh, PW1 stated that on 11.7.1997, as per the orders of the Director, PGI, Chandigarh, he joined Dr. Dalbir Singh, Asstt. Professor Deptt. of Forensic Medicine, Chandigarh for performing autopsy on the dead body of Usha Rani. At about 11.30 a.m., they performed autopsy on the dead body of Usha Rani d/o Gurnam Singh aged 22 years female, wife of Jaswinder Singh alias Bhola son of Gurnam Singh resident of Baltana, PS Dera Bassi. Dead body was brought by Inspector Kuldip Kumar of PS Dera Bassi. It was identified by Gurnam Singh father of the deceased. It was in advanced stage of decomposition and was emitting foul smell. The abdomen was distended. Post mortem bullae were present all over the body. The skin is was peeled off at places with brownish, green discolourtion all over. The eyes were bulging, tongue was protruding out and the rectum was also protruding out. Hair and nails could be easily pulled out. The following external injured were observed :- (1) Abrasion with reddish scab of the size 0.75 x 0.55 cm. over the outer aspect of lower lip, .5 cm. left lateral of mid line. (2) Reddish bluish contusion of the size of 4 x 2.5 cm. just above the tip of mastoid. (3) Reddish bluish contusion of the size 3.5 x 1.75 cm. present over the fronto-lateral aspect of the left leg. 3 cm. above lateral malleolus. 8. During the examination, they observed "sub-aponeurotic haematoma of the size 4 x 2.75 x 0.10 cm. over the mastoid region of the scalp in the area corresponding to injury No. 2 mentioned above. Sub-dural haematoma over the superola lateral surfaces of left fronto-parietal and temporal lobes and basal surface of the left frontal and temporal lobes. The haematoma was 0.10 cm. in thickness. The brain was in the stage of decomposition and converted into semi-liquid pulpy mass. Sub-dural haematoma over the superola lateral surfaces of left fronto-parietal and temporal lobes and basal surface of the left frontal and temporal lobes. The haematoma was 0.10 cm. in thickness. The brain was in the stage of decomposition and converted into semi-liquid pulpy mass. To know the cause of death, the following tissues were sent to Dr. B.D. Radotra, who was heading the board, for histopathological examination :- 1. Brain, 2. lungs, 3. heart, 4. liver, 5. spleen, 6. kidneys and viscera, stomach contents and intestine, liver. Kidneys were sent to the chemical examiner for chemical examination. Dr. B.D. Radotra examined the organs histopathologically and all of them showed significant autolytic changes in the tissues and there was presence of many micro-organisms in the tissues but there was no identifiable inflammatory response suggesting post mortem growth of bacteria. His report is Ex.PB. On receipt of the report of chemical examiner and histopathology, he and Dr. Dalbir Singh expressed their opinion on the cause of death on police request Ex.PC. Their opinion is Ex.PC/1. Cause of death of Usha Rani was sub-dural haematoma. Sub-dural haematoma was the result of injury. 9 In the stomach and its contents, piece of small gut and a piece of large gut no poison was detected by the chemical examiner. In a piece of sliced kidney, liver and spleen, no poison was detected by the chemical examiner. Similarly, no poison was detected in the sample of saturated solution of common salt. 10. In this case, thus the decision of the case would hinge primarily on what was the cause of death of Usha Rani. Whether Usha Rani died a natural death or Usha Ranis was an unnatural death. Dr. B.D. Radotra PW1 was subjected to further cross-examination by the accused after he had been cross-examined earlier. 11. Similarly, Dr. Balbir Singh, Associate Professor, Forensic Medicine, PGI, Chandigarh PW2, who was with Dr. B.D. Radotra, while performing autopsy on the dead body of Usha Rani stated that cause of death of Usha Rani was due to sub-dural haematoma. Possibility of sub-dural haematoma could not be ruled out due to injuries. It can also be in the normal course due to some disease. they did not notice any sign of disease as body was highly decomposed. Dr. Dalbir Singh was subjected to further cross-examination after he had been fully cross-examined by the defence. Dr. Possibility of sub-dural haematoma could not be ruled out due to injuries. It can also be in the normal course due to some disease. they did not notice any sign of disease as body was highly decomposed. Dr. Dalbir Singh was subjected to further cross-examination after he had been fully cross-examined by the defence. Dr. B.D. Radotra PW1 stated that injures are the major cause for sub-dural haematoma but there can be no apparent injury for the cause of sub-dural haematoma. Sub-dural haematoma can be caused with external injury. This is more significant on the scalp region of the head than any other part of the body. Chronic sub-dural haematoma may cause pressure on the brain. The acute sub-dural haematoma may cause more pressure on the brain than chronic sub-dural haematoma. Any haematoma in the brain can cause failure of kidneys. Possibility of injury No. 2 cannot be ruled out due to fall on a hard surface or blunt object. He stated that as per the record, when Usha Rani was brought to the hospital, she was having symptoms of gasping state and altered sensorium (Grade IC Comma). This was followed by one episode of vomiting. She had semi-dilated fixed pupils and fundal haemorrhage. Formation of haematoma is coagulation of blood components. Haematoma can be formed in many parts of the body. In all cases haematoma is formed due to oozing out of blood from the blood arteries or veins. "Disease seizure is also a form of epilepsy. Same type of symptoms appear in a case of seizure disease". In this case, he does not have any record of history of seizure. Sub-dural haematoma can be caused by variety of reasons, which are as under :- (1) head injury, (2) bleeding tendency, and (3) disease of blood vessels. 12 Dr. Dalbir Singh PW1 who was with Dr. B.D. Radotra, PW1 in performing autopsy on the dead body of Usha Rani stated that cause of death was sub-dural haematoma. Possibility of sub-dural haematoma could not be ruled out due to injuries. Blood in the whole of the body will decompose simultaneously with the blood cells of haematoma. 13. Gurnam Singh PW3 is the star witness of the prosecution. He stated that his daughter Usha Rani was married to Jaswinder Singh alias Bhola in October, 1995. He gave dowry to her at the time of marriage befitting his financial capacity. Blood in the whole of the body will decompose simultaneously with the blood cells of haematoma. 13. Gurnam Singh PW3 is the star witness of the prosecution. He stated that his daughter Usha Rani was married to Jaswinder Singh alias Bhola in October, 1995. He gave dowry to her at the time of marriage befitting his financial capacity. After 6 months of marriage, the in-laws or Usha Rani stated maltreating her and demanded colour television and fridge. He had given black and white television. After 6 months of marriage, Jaswinder Singh alias Bhola left Usha Rani at her house saying that he would take her back to the matrimonial home only if he was given colour television and fridge. He was unable to fulfil this demand. He convened panchayats of village Bhagwanpura and Baltana. Panchayats of these villages tried to prevail upon Jaswinder Singh alias Bhola, Swaran Kaur, Ashok Kumar, Dalwinder Kaur @ Bholi and Gurnam Singh to keep Usha Rani in the matrimonial home and not to persist with their demand. On the persuasion of the panchayats of these villages, Usha Rani was taken to the matrimonial home. Accused did not relent and against started mal-treating Usha Rani. They kept Usha Rani for about 6 months in the matrimonial home, again they started demanding Rs. 10,000/- cash. Jaswinder Singh alias Bhola left Usha Rani at his house. He again convened panchayat of village Bhagwanpura and Baltana and came to the house of in-laws of Usha Rani. Usha Rani also accompanied them. He expressed his inability to fulfil their demand for Rs. 10,000/- and left Usha Rani at the matrimonial home. 10-15 days thereafter, he came to know that they had again started maltreating Usha Rani as she had not fulfilled their demand for Rs. 10,000/-. Then he along with his wife Jai Devi went to village Baltana at the house of the in-laws of Usha Rani. At the house of in-laws of Usha Rani, Jaswinder Singh alias Bhola, his father Gurnam Singh, mother Swaran Kaur, sister Dalwinder Kaur @ Bholi, and Dalwinder Kaur @ Bholis husband Ashok Kumar met them. They gave slaps to him and his wife Jai Devi and threatened them that if they did not leave their house they would be killed. Gurnam Singh, father-in-law of Usha Rani, gave slaps to Usha Rani also. They gave slaps to him and his wife Jai Devi and threatened them that if they did not leave their house they would be killed. Gurnam Singh, father-in-law of Usha Rani, gave slaps to Usha Rani also. After a week of this incident i.e. on 8.7.1997 a person came from village Baltana and told him that his daughter Usha Rani has been killed. He collected panchayat of his village Bhagwanpura and went to village Baltana. On the way, he made statement to the police. Dead body of Usha Rani was lying in the verandah of the house of the accused. At that time, accused were present at the house. There were injuries on the neck, lips, head and left leg of Usha Rani. She died due to aforesaid injuries. 14. Smt. Jai Devi wife of Gurnam Singh, PW6 did not support the prosecution. She stated that they gave dowry to Usha Rani at the time of her marriage to Jaswinder Singh alias Bhola according to their financial condition. Usha Rani did not have any dispute with the accused. Accused never demanded any article of dowry from Usha Rani. Usha Rani did not tell her about the demand, if any, made by the accused with regard to colour television and fridge. She stated that she may have told of the demand of television and fridge to her father. She stated that she does not know if panchayat was convened and was taken to the village of the accused. She denied that Usha Rani was rehabilitated into the matrimonial home because of the pursuasion of the panchayat. She denied this suggestion that after Usha Rani had been rehabilitated into the matrimonial home through the intervention of the panchayat, the accused did not relent and again started maltreating her. She was declared hostile and cross-examined by the Public Prosecutor for the State but she stuck to her guns and did not insinuate the accused that they had ever demanded colour television, fridge and Rs. 10,000/- cash. She did not impute to the accused any maltreatment to Usha Rani or the causing of injuries to her resulting into her death. She stated that Usha Rani never remained ill. She never suffered from giddiness. 15. Balak Ram PW7 also did not support the prosecution. He was also declared hostile at the request of the Public Prosecutor for the State who cross- examined him. She stated that Usha Rani never remained ill. She never suffered from giddiness. 15. Balak Ram PW7 also did not support the prosecution. He was also declared hostile at the request of the Public Prosecutor for the State who cross- examined him. Despite cross-examination, nothing favourable to the prosecution could be elicited. In his cross-examintion by the defence, he stated that some time Usha Rani used to remain ill. He stated that he does not know if she was getting giddiness. 16. Balwinder Singh PW2, who is son of Gurnam Singh, supported the prosecution case in all its essential particulars. He stated that one day prior to her death, he went to the house of Usha Rani. She was given beating by Jaswinder Singh alias Bhola accused. Then, he returned to his village. On the following day, they came to know that Usha Rani had died. Usha Rani was married to Jaswinder Singh alias Bhola on 29.10.1995. He stated that Usha Rani used to be maltreated by Jaswinder Singh alias Bhola, Swaran Kaur, Dalwinder Kaur @ Bholi, Ashok Kumar and Gurnam Singh as she could not fulfil their demand for dowry. In his cross-examination he stated that whenever he went to the house of his sister, she saw her husband maltreating her. 17. For bringing the case within the mischief of Section 304-B IPC, which reads as follows:- "304-B dowry death. - (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown, that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, on in connection with, any demand for dowry, such death shall be called dowry death, and such husband or relative shall be deemed to have caused her death. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than sever years but which may extend to imprisonment for life. (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than sever years but which may extend to imprisonment for life. the prosecution has to prove that (i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to cruelty or harassment by her husband or by any relative of her husband; (iv) such cruelty or harassment was for or in connection with demand of dowry; (v) to such cruelty or harassment, the deceased was subjected to soon before her death, (vi) when the aforesaid circumstances are established, a presumption of dowry death shall be drawn against the accused under section 113-B of the Evidence Act. Section 113-B of the Evidence Act reads as follows :- "Section 113-B. Presumption as to dowry death. - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection, with any demand for dowry, the court shall presume that such person had caused the dowry death." 18. In Kans Raj v. State of Punjab, 2000(2) RCR(Crl.) 695, the Honble Supreme Court observed that the offence of dowry death was incorporated in the Indian Penal Code by Act No. 43 of 1986. Corresponding amendment was made in the Evidence Act by way of insertion of Section 113-B by Act No. 43 of 1986. The object of incorporating section 304-B in the Indian Penal Code by Act No. 43 of 1986 was to secure punishment to the husband and his relatives who drive a married woman to death by subjecting her to cruelty or harassment on account of her inability to fulfil their demand for dowry. To make section 304-B really stringent section 113-B was introduced in the Evidence Act. When the aforesaid ingredients are proved by the prosecution, presumption as enshrined in Section 113-B of the Evidence Act comes to the aid of the prosecution. Presumption under Section 113-B Evidence Act is all presumption of law. To prohibit the giving of or taking of dowry, Dowry Prohibition Act, 1961 was enforced on 20.5.1961 (Act No. 28 of 1961). When the aforesaid ingredients are proved by the prosecution, presumption as enshrined in Section 113-B of the Evidence Act comes to the aid of the prosecution. Presumption under Section 113-B Evidence Act is all presumption of law. To prohibit the giving of or taking of dowry, Dowry Prohibition Act, 1961 was enforced on 20.5.1961 (Act No. 28 of 1961). In the statements of objects and reasons to Act No. 28 of 1961, it was stated that the object of this bill is to prohibit the evil practice of giving and taking of dowry. This question has been engaging the attention of the govt. for some time past and one of the methods by which this problem, which is essentially a social one, was sought to be tackled was by the conferment of the improved property mights on women by the Hindu Succession Act, 1956. It is, however, felt that a law which makes the practice punishable and at the same time ensures that any dowry, if given, does enure for the benefit of the wife will go a long way to educating public opinion and to the eradication of this evil. There has also been a persistent demand for such a law both in and outside Parliament. Hence the present bill. Realising the ever increasing and disturbing proportions of the dowry system, the Act was again amended by Act No. 63 of 1984 taking note of the observations of the Committee on Status of Women in India and with a view to making a thorough and compulsory investigations into cases of dowry deaths and stepping up anti-dowry publicity, the Government referred the whole matter for consideration by a joint committee of both the Houses of Parliament. The Committee went into the whole matter in great depth in its proceedings and after noticing observations of Pt. Jawahar Lal Nehru recommended to examine the working of Act No. 28 of 1961 and considering the comments received on the report from the State Governments, Union Territories Administrations and different Administrative Ministries of the Union concerned with the matter, decided to modify the original definition of dowry with consequential amendment in the Act. Again finding that the Dowry Prohibition Act, 1961 has not been so deterrent, as it was expected to be, the Parliament made amendments in the Act vide Act No. 43 of 1986. 19. Again finding that the Dowry Prohibition Act, 1961 has not been so deterrent, as it was expected to be, the Parliament made amendments in the Act vide Act No. 43 of 1986. 19. As soon as the prosecution is able to establish the ingredients as mentioned in Section 304-B IPC presumption as enshrined in Section 113-B of the Evidence Act at once comes into play. Section 113-B was introduced in the Evidence Act with a view to soften the rigours by which the prosecution is required to prove its case against the accused for securing his conviction. Normally the prosecution is required to prove every fact essentially to bring home to the accused the charge levelled against him beyond all reasonable doubt. But if there is a charge under Section 304-B IPC against the accused, the prosecution can make use of the presumption as to dowry death as enshrined in section 113-B of the Evidence Act but on proof of ingredients which constitute dowry death. 20. Death of Usha Rani was either a natural death or it was a homicidal death or it was a suicidal death or it was an accidental death. As per the prosecution, she died of sub-dural haematoma caused by injuries. At the same time Dr. B.D. Radotra has stated that the chronic sub-dural haematoma may cause more pressure on the brain than chronic sub-dural haematoma. No haematoma in the brain can cause vomiting or giddiness. Possibility of injury No. 2 by fall on a hard surface or blunt object cannot be ruled out. Sub- dural haematoma can be caused due to different reasons. It can be acute and chronic. As the dead body was highly decomposed, they could not ascertain whether it was acute or chronic sub-dural haematoma. Injures are the major cause for sub-dural haematoma but there can be no apparent injury for the cause of sub-dural haematoma. Sub-dural haematoma can be caused without external injury. He has stated that disease seizure is also a form of epilepsy. Some type of symptoms appear in a seizure disease. Sub-dural haematoma can be caused by variety of reasons namely head injury, bleeding tendency, disease of blood vessels. Dr. Dalbir Singh, who was his associate in the performing of autopsy on the dead body of Usha Rani, stated that possibility of sub-dural haematoma could not be ruled out due to injuries. Some type of symptoms appear in a seizure disease. Sub-dural haematoma can be caused by variety of reasons namely head injury, bleeding tendency, disease of blood vessels. Dr. Dalbir Singh, who was his associate in the performing of autopsy on the dead body of Usha Rani, stated that possibility of sub-dural haematoma could not be ruled out due to injuries. It can be in the normal circumstances also due to some disease. As the body was highly decomposed, they did not notice any sign of disease. Dr. Harinder Pal Dewan of Dewan Clinic and X-ray, Sector 27, Chandigarh DW7 has stated that Usha Rani had been coming to him for treatment. She was suffering from cerebral seizures. In this disease, there is difficulty in breathing, involuntary movement of limbs, patient gets fits and unconsciousness with more symptoms of giddiness and some salivation from the mouth. On 8.2.1997, he had advised X-ray skull and EEG also. It was a confirmed case of cerebral seizures. He had prescribed medicines accordingly every time. Learned Additional Sessions Judge did not attach weight to his statement for the reason that he did not produce the record in support of his prescription slips Ex.DC, DD, DE and DF. Weight should have been given to his statement when he has stated that he destroys the record annually. He was examined on 22.8.2000. He was not supposed to preserve record for such a length of time when he had no occasion to feel that he could ever be called upon to appear in a case of charge under Section 304-B IPC against the family of in-laws of Usha Rani. Dr. Harinder Pal Dewan DW7 has stated that in cases of cerebral seizure if the patient falls on the ground and sustains an injury on a vital part, it may become the cause of death. In this behalf, he has been supported by Dr. B.D. Radotra PW1 also who has stated that similar symptoms appear in a seizure disease. 21. In this case, thus, it is doubtful whether sub-dural haematoma was caused due to blows inflicted on Usha Rani by the accused or she suffered an attack of cerebral seizures and she fell on a hard surface and sustained injuries which produced sub-dural haematoma. 22. 21. In this case, thus, it is doubtful whether sub-dural haematoma was caused due to blows inflicted on Usha Rani by the accused or she suffered an attack of cerebral seizures and she fell on a hard surface and sustained injuries which produced sub-dural haematoma. 22. In this case, Smt. Jai Devi mother of Usha Rani PW6 has not supported the prosecution case so far as the demand for television, fridge or money by her in-laws was concerned. She has not supported the prosecution so far as it goes that Usha Rani was done to death by the family of her in-laws because of her inability to fulfil their demand for television, fridge or money. She stated that Usha Rani never told her about the demand, if any, made by the accused with regard to colour television and fridge. She has not stated that any panchayat was convened and taken to village Baltana for the induction of Usha Rani in the matrimonial home after she was driven out by the family or her in-laws on their inability to fulfil their demand. Balak Ram PW7 who, according to the prosecution used to be one of the members of the panchayat taken to village Baltana, has not supported the prosecution. He has stated that there was no rancour between Usha Rani and her in-laws. He never joined any village taken to village Baltana for induction of Usha Rani into the matrimonial home. There is no corroboration to the statement of Gurnam Singh and his son Balwinder Singh PWs so far as the demand for television, fridge or money by the family of in-laws of Usha Rani, her inability to fulfil this demand and her consequential ill-treatment by them, is concerned, by independent evidence. As far as Balwinder Singh is concerned, he never stated before the police that a day earlier to his sisters death, he had gone to her at the house of her in-laws and there he saw his brother-in-law Jaswinder Singh alias Bhola beating his sister Usha Rani. If he had gone to Usha Rani a day earlier and he had seen his brother-in-law Jaswinder Singh alias Bhola beating his sister Usha Rani, he would not have omitted to mention this vital fact in his statement before the police. 23. Ashok Kumar accused hails from village Sabhapur. Village Baltana is the village of his in-laws. If he had gone to Usha Rani a day earlier and he had seen his brother-in-law Jaswinder Singh alias Bhola beating his sister Usha Rani, he would not have omitted to mention this vital fact in his statement before the police. 23. Ashok Kumar accused hails from village Sabhapur. Village Baltana is the village of his in-laws. He is recorded as voter in his village since long. He holds ration card along with his father and other members of the family at village Sabhapur. His wife Dalwinder Kaur and Bholi is also shown on that ratio card. Why should he have started putting up with his in-laws when his parents-in-law have son in Jaswinder Singh alias Bhola. If his parents-in-law had been sonless, it could have been taken that he was putting up with them along with his wife as Gharjamai. Ashok Kumar and his wife Dalwinder Kaur @ Bholi may have been visiting his in-laws causally. Their casual visits to them could not have been sufficient to drag them to the dragnet of dowry death as defined in section 304-B IPC. 24. Even otherwise, assuming that Usha Rani developed sub-dural haematoma because of these injuries, it cannot be felt that for inflicting these injuries, Gurnam Singh, his wife Swaran Kaur, son Jaswinder Singh alias Bhola, son-in-law Ashok Kumar and daughter Dalwinder Kaur @ Bholi were needed. In this case, thus benefit of doubt has to be given to each of the accused. 25. For the reasons given above, I am of the opinion that the appellants were not justifiably convicted and sentenced by the learned Additional Sessions Judge. They ought to have been given benefit of doubt and acquitted. They are accordingly given the benefit of doubt. In consequences, this appeal is allowed and their conviction and sentence are set aside and they are acquitted of the charge framed against them. They be set at liberty forthwith if not required in any other case.