Judgment Hemant Gupta, J. 1. This order shall dispose of above said Criminal Appeal No. 429-DBA of 1994 filed by the State of Haryana and Criminal Revision No. 621 of 1994 filed by Naresh Kumar Mudgil complainant in the said case. 2. The present appeal by State is against the judgment of Sessions Judge, Ambala dated 25.01.1994 acquitting Naresh Kumar Vasisth of the charge under section 304-B of the Indian Penal Code in a case arising out of FIR No. 36 of 6.02.1991 registered at Police Station Sadar Ambala. 3. The brief facts, out of which the present appeal and revision arise are that the marriage of Poonam deceased was solemnised with Naresh Kumar Vasisth on 10.12.1990. Smt. Poonam died on 4.2.1991. The inquest report Ex.PC was prepared on 4.2.1991 which contain the statement of accused Naresh Kumar Vasisth as well as the extract from the diary maintained by deceased Poonam. However, on the basis of the complaint Ex.PM made on behalf of Naresh Kumar Mudgil, the present FIR Ex.PM/1 under section 304-B IPC was lodged on 6.2.1991. Before proceeding further, it will be relevant to reproduce the statement of accused Naresh Kumar Vasisth as part of inquest report Ex.PC, which reads as follows : "I am posted as Incharge, since 22nd October, 1990. On 10.12.1990, my marriage had taken place with Smt. Poonam, daughter of Shri K.C. Bharti, resident of 346, Basant Vihar, Alwar. Since then, Poonam was residing with me in a room on the first floor of old rest house at village Noorpur. On 10.1.1991 my brother-in-law Shri Kamal Moudgil who is elder to my wife had came to me and on 13.1.1991 he had taken Poonam to his house at Alwar so that Poonam could meet her family members after the marriage. Then on 27.1.1991, I had gone to my in-laws house taking five days leave to bring back Poonam and on 31.1.1991 I and Poonam had come back here. My in-laws had given two gold chains in my marriage. After the marriage, when Poonam came here, she had put the chain given to me in my neck and had put chain in her neck. Now again when we came back from our house then I did not see the gold chain around the neck of Poonam and yesterday in the evening, I asked Poonam as to where her chain was ? Now again when we came back from our house then I did not see the gold chain around the neck of Poonam and yesterday in the evening, I asked Poonam as to where her chain was ? At this, Poonam told me that only one chain was given in the marriage which she had put around my neck. I asked her that when she had come with me then she was wearing the chain and where was that chain ? I asked that in case she had given the same to some body or had lost it some where, then she should tell me. At this Poonam replied that she had kept the same here while going to the village. At this, I said that from here nothing has been lost then how the chain has been lost or stolen. At this, Poonam told that chain was made in Germany and she had given the same to the wife of her brother (Bhabhi). On this Poonam did not utter any words. I asked her that whether she had any problem, then she should tell me so that we may find any solution of the problem. After this, Poonam did not give any reply and neither she prepared the dinner nor we took our meals. After this both of us slept on a single cot and at about 7 A.M. in the morning, we woke up. I went out and came back after answering the call of nature and prepared tea and in the meanwhile, Poonam also went out for answering the call of nature. I took my tea and prepared tea for her also. In the meanwhile, she also came out side and sat on the bed. I kept the tea before her and went to the Hospital after taking bath and getting ready. I kept water on the heater for Poonam to take bath and went out saying that water was on the heater and that she should take bath. I kept on examining the patients in the hospital till 10.30 A.M. and then in order to take breakfast, I came back home and when I came back, I saw that the door was bolted from inside. I called Poonam twice or thrice but there came no response from inside. I kept on examining the patients in the hospital till 10.30 A.M. and then in order to take breakfast, I came back home and when I came back, I saw that the door was bolted from inside. I called Poonam twice or thrice but there came no response from inside. Then I peeped inside through a side glass and found that Poonam was hanging with the ceiling fan by tying one end of saree with her neck and one end of the saree with the hook of the ceiling fan. I pushed the door with force. At this the upper bolt of the door was broken and the door was opened. I immediately lifted Poonam by taking her into my arms and after untying the knot from the hook, I laid Poonam on the bed and opened the knot of her neck and in order to provide Oxygen for breathing to Poonam, I performed Cardio Pulmonary resuscitation. But by that time, Poonam had expired and after coming out, I raised an alarm that my wife had hanged herself to death. On this Shri Shiv Ram son of Surja Ram, caste Noongar, Shop-keeper, who was taking tea hurriedly came up. I sent Gullu Ram to bring the Sarpanch. Shri Gulzar Singh resident of Kankpur and Phool Singh, brother of the Sarpanch also came there. Phool Singh told that Sarpanch had gone to Ambala. At this, I was going to inform the police at the Police Station after leaving behind Shri Gulzar Singh, Phool Singh and Gullu Ram Chowkidar near the dead body of Poonam, that you met at Mohra Bus stop. I have got recorded my statement with you which you have read over to me and the same is correct. My wife Poonam on my asking about the gold chain, felt insulted and in my absence she committed suicide by bolting the door from inside and by tying one end of her saree around her neck and the other end with the hook of the ceiling fan and by placing a table under her feet." 4. During trial, the prosecution has also produced a diary maintained by the deceased as Ex. P.5 which contains the following two notes : "My dear Dr. Naresh Jee, Hallo. I am writing before my death and am not telling a lie. I did not possess two gold chains. During trial, the prosecution has also produced a diary maintained by the deceased as Ex. P.5 which contains the following two notes : "My dear Dr. Naresh Jee, Hallo. I am writing before my death and am not telling a lie. I did not possess two gold chains. Only one chain was there which you had worn and the same was having a pendant and which I had given to you for wearing. The pendant was not mine but that was of Bhabhi (wife of the brother) which I have given to her. Besides this, there was no other chain with me, I am speaking the truth. I am not telling a lie. I am not telling a lie. I am not telling a lie. Your wife Sd/- Poonam 4.2.91". "Respected mother and brother you please forgive me. Besides this, there was torn leaf and words not available. He (My husband) is falsely blaming me that I have left the gold chain at Alwar which was having Pendant whereas I am telling him again and again that I have no any other chain. The chain of mine was with me having pendant. The pendant of brothers wife was fixed in my chain which I have given to her. Please forgive me. Sd/- Poonam". 5. There are many other letters on record which were neither written by deceased Poonam or by accused or by Naresh Kumar brother of the deceased. The learned trial court after appreciating the entire evidence particularly letter Ex.DB dated 15.1.1991 held that Poonam had committed suicide and she has not been harassed in connection with the demand of dowry. The said letter Ex.DB is admitted to be written by the deceased by her brother Naresh Kumar appearing as PW 6 as well as letter dated 3.1.1991 Ex.DD written by the brother of Naresh Kumar. 6. We have heard Shri D.P. Singh, Additional Advocate General, Haryana for the appellant-State of Haryana and Shri D.S. Bali, Sr. Advocate, with Shri Ramesh Dimri, Advocate for the complainant and Shri Hari Mittal Advocate for the accused-respondent and with their assistance gone through the records of the case and are of the opinion that trial court was justified in acquitting the accused-respondent. The case of the prosecution is as under : "Poonam sister of Naresh Kumar PW 6 was married to the accused on 10.12.1990. A sum of Rs. The case of the prosecution is as under : "Poonam sister of Naresh Kumar PW 6 was married to the accused on 10.12.1990. A sum of Rs. 2,50,000/- approximately was spent on the marriage though accused had demanded Rs. 3,50,000/- as deposed Ram Dutt Mishra PW 5 father-in-law of Naresh Kumar PW 6. At the time of marriage two bank drafts had been given, one in he sum of Rs. 21,000/- and another in the sum of Rs. 30,000/- in the joint name of accused as well as Poonam. Rs. 45,000/- was paid at the time of Tikka, Rs. 10,000/- was paid at the time of reception of the barat and Rs. 20,000/- at the time of doli. At the time of departure of the barat, the accused had expressed his unpleasantness by telling that the amount given had fallen short of Rs. 1,00,000/- for which there was understanding. Prior to her death Poonam used to tell the family members including Naresh Kumar PW 6 and Ram Dutt Mishra PW 5 that the accused was greedy type of person and used to harass her for not bringing adequate dowry. She had written a letter dated 5.1.1991 Ex.PG that she needed Rs. 5000/- for the accused. Kamal, another brother of the deceased, was sent for making enquiry. The accused enquired as to whether amount had been brought. Kamal, however, told that he had not brought the money. However, he had brought back Poonam to Alwar on 13.1.1991. She had disclosed that the accused demanded a fridge, scooter, TV, gas appliances and had been asking her to write letters, under pressure. The accused had gone on the death anniversary of his father-in-law on 27.1.1991. She had left along with the accused on 31.1.1991. Before going she had delivered back gold locket to wife of Naresh Kumar PW 6 saying that her husband i.e. the accused was of suspicious nature and locket be kept with the wife of Naresh Kumar. While going on 31.1.1991, the accused had again made demand of fridge, scooter, TV etc. A letter had also been received earlier from the accused demanding 400 square yards plot at Alwar". 7. While going on 31.1.1991, the accused had again made demand of fridge, scooter, TV etc. A letter had also been received earlier from the accused demanding 400 square yards plot at Alwar". 7. To prove the case of the prosecution, particularly the allegations of demand of dowry, the prosecution has relied upon statements of Naresh Kumar P.W.6, Ram Dutt Mishra P.W.5 father-in-law of Naresh Kumar PW 6 and produced certain letters and documents in support of their allegation of the demand of dowry. 8. In order to prove the offence under section 304-B, the prosecution has to establish the following ingredients :- "(i) that the death of a woman should be by any burns or bodily injury otherwise than under normal circumstances; (ii) such death should be within seven years of her marriage; (iii) and that it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband; (iv) such cruelty or harassment must be for or in connection with demand for dowry; and (v) such cruelty or harassment is shown to have been meted out to the woman soon before her death. 9. Admittedly, the death of Poonam has taken place within 7 years of the marriage and is not under normal circumstances, but the issue which requires to be discussed is whether the victim was subjected to cruelty or harassment in connection with the demand of dowry. 10. The prosecution has relied upon letter Ex.PG dated 5.1.1991 written by deceased and also signed by accused wherein a demand of Rs. 5,000/- was made for payment of instalment of Life Insurance Policy. It was mentioned in the letter that this demand should not be taken in wrong sense as at the moment Doctor Sahib (accused) is in bad financial position and the amount will be returned in March/April. It is also mentioned in the letter that the draft of Rs. 51,000/- has not been encashed. As a matter of fact, the deceased was brought back on 13.1.1991 to Alwar and she remained at the house of her brother till 31.1.1991 when the accused came to attend the death anniversary of his father-in-law fixed on 27.1.1991. During the period of stay of Poonam at Alwar, letter Ex.DB was written on 15.1.1991 wherein the relations between husband and wife were very cordial. During the period of stay of Poonam at Alwar, letter Ex.DB was written on 15.1.1991 wherein the relations between husband and wife were very cordial. No inference of harassment or cruelty in connection with the demand of dowry can remotely be drawn. Even a perusal of the letter dated 31.1.1991 Ex. DD written by another brother of deceased does not suggest any demand of dowry on behalf of the accused. 11. The prosecution has relied upon letters written by accused before marriage wherein it has been suggested that a joint account be opened in his name and in the name of wife, wherein half of the amount to be spent by the bride side was to be deposited. It appears that in pursuance of such representation 2 bank drafts of Rs. 51,000/- were given. One was in the name of the accused and the other was in the joint name of accused and his wife but both these drafts were not encashed as is evident from the statement of PW 8 Suraj Parkash and PW 9 Om Parkash Batra. Even otherwise, there is no demand of dowry made by accused in these letters but only it has been said that whatever expenses bride side is to incur, the half of the amount be given in the shape of Fixed Deposits. Such suggestion cannot be interpreted to be cruelty or harassment in connection with the demand of dowry. 12. A perusal of the note before suicide by Poonam clearly shows that the cause of discord between husband and wife was a gold locket. The accused believed that such gold locket had been left at Alwar with her sister-in-law whereas Poonam deceased denied such apprehension. Such dispute about the locket is evident from the statement of the husband at the first instance on the date of suicide itself which is corroborated by the hand-written note of the deceased of the same date. 13. Letters Ex.PG/1 to Ex.PG/6 are written before the marriage regarding the solemnisation of marriage and other ceremonies. These letters do not lead to any inference of demand of dowry by the accused. 14. In view of the documentary evidence, the statement of P.W. 6 Naresh Kumar is not believable that the accused had made demand of dowry or that he was not satisfied with the articles given at the time of marriage. These letters do not lead to any inference of demand of dowry by the accused. 14. In view of the documentary evidence, the statement of P.W. 6 Naresh Kumar is not believable that the accused had made demand of dowry or that he was not satisfied with the articles given at the time of marriage. It is admitted by Naresh Kumar P.W. 6 that the cremation of the deceased had taken place in the village of accused in Mahendergarh District which was attended to by his brother and his parents. The oral statement that Poonam was complaining about the behaviour of the accused during her stay from 13.1.1991 to 31.1.1991 is completely belied by her letter dated 15.1.1991. 15. Keeping in view all the facts and circumstances of the case and the documentary evidence, we do not find any reason to take a different view than the one taken by the learned trial Court. There is no perversity or illegality in appreciation of evidence by the learned Sessions Judge, therefore, we dismiss the criminal appeal filed by the State and the revision petition filed by the complainant.