JUDGMENT 1. Heard the learned counsel for the appellant and so also the learned Additional SPP. 2. This appeal is directed against the orders of the Second Fast Track Court in S. C. No. 13/99 dated 8-4-2005. 3. The case of the prosecution in brief before the trial Court is as under : The deceased Sundaramma @ Tripura Sundari was married to the appellant herein two months prior to the lodging of the complaint. At the time of marriage some dowry in the form of cash and gold ornaments was given. Subsequent to the marriage according to the prosecution, the deceased was ill-treated for insufficiency of dowry. Ultimately on 2-8-1998 in the house of her husband she committed suicide by hanging. Before the trial Court it was a case of total denial on the part of the appellant. 4. 7witnesses were examined apart from marking 8 documents. Ultimately the trial Court convicted the accused for offences punishable under Section 3, 4 and 6 of Dowry Prohibition Act and so also under Sec. 498-A and 304-B of IPC. Aggrieved by the same the present appeal is filed. 5. According to the learned counsel for the appellant, the trial Court ought to have given much importance to the love marriage of the appellant with the deceased because in such situation giving any dowry to the appellant would not arise. The complainant belongs to Vokkaliga community whereas the appellant belongs to Nayaka community. The parents of the deceased were totally against the said marriage. None of the kith and kin performed the marriage of the deceased. The appellant got married to deceased in temple at Srirangapatna. Even with regard to the demand of dowry and receipt of dowry, there is no consistency in the evidence of the witnesses and the trial Court has convicted the accused on surmrises and conjectures. There is lack of direct evidence regarding ill-treatment with the demands of additional dowry. As a matter of fact it was the appellant who informed the concerned police about the incident. After the marriage he looked after her with love and affection by providing all the basic necessities. If she had committed suicide out of frustration, the appellant is not responsible. The prosecution failed to establish the case beyond reasonable doubt. There are no eyewitnesses. The benefit of doubt must be given to the appellant. After the marriage he looked after her with love and affection by providing all the basic necessities. If she had committed suicide out of frustration, the appellant is not responsible. The prosecution failed to establish the case beyond reasonable doubt. There are no eyewitnesses. The benefit of doubt must be given to the appellant. The contradictions and variance in the evidence of witnesses is not at all taken into consideration. With these averments he has sought for setting aside the Judment and order of conviction. 6. As against this the learned Addl. SPP submits that the contradictions and improvements or omissions have to be brought on record in accordance with Evidence Act and Cr. P. C. According to him the minor discrepancies which would not go to the root of the case of the prosecution have to be ignored. It was further argued that whether it was a marriage after love or an arranged marriage, the demand for dowry and the ill-treatment would be the same. It does not change depending on the nature of the marriage. He further says the evidence of the parents and the landlady in whose house the deceased and accused were living at the relevant point of time would reveal the fact that the victim was treated miserably in the hands of the appellant. Therefore, she ultimaterly put an end to her life by committing suicide. The punishment awarded by the trial Court according to the learned SPP is just and adequate. 7. The point that would arise for Courts consideration : Whether the Judgment and order of conviction passed by the trial Court deserves to be sustained or not? 8. In the trial Court the witnesses who are examined are PW. 1 the Taluk Executive Magistrate in whose presence inquest proceedings as per Ex. P1 was conducted and the statements of the relatives were recorded. Ex. P2 is the photograph of accused and the deceased and the spot mahazar is at Ex. P3. These are marked through PW.2. PW. 3 is the doctor who conducted autopsy on the dead body of the deceased. Ex. P4 is the P. M. Report and Ex. P5 is the requisition. PW4 & 5 are the parents of the deceased. PW. 6 is the landlady of the accused. PW. 7 is the Investigating Officer. 9. P3. These are marked through PW.2. PW. 3 is the doctor who conducted autopsy on the dead body of the deceased. Ex. P4 is the P. M. Report and Ex. P5 is the requisition. PW4 & 5 are the parents of the deceased. PW. 6 is the landlady of the accused. PW. 7 is the Investigating Officer. 9. The first question would be whether the death was an unnatural death or a natural death? According to the prosecution it was a case of suicide by hanging. Admittedly, the dead body was found in the matrimonial home where the deceased and accused were living and the house belongs to P.W. 6. the ligature material was found around the neck and it was a rope made of coio. Ligature mark was also present corresponding to the ligature material. Ultimately he decides that the death was due to asphyxia as a result of hanging. The homicidal death of the deceased is established. The Court has to rule out whether it was accidental death. According to the prosecution such extreme step was taken by deceased, as she was not able to tolerate the torture at the hands of the accused. 10. The investigation and the exhibits marked on behalf of the prosecution establish that the inquest was conducted by initimating the Taluk Executive Magistrate about the unnatural death of the deceased. It was done on 3-8-1998. The statements of the kith and kin of the deceased were recorded on the very same day. Of course Ex. P2 is not the photograph taken while deceased and appellant got married, it must have been taken subsequent to the marriage. Ex. P3 is the spot mahazar, which again indicates that the incident took place in the house belonging to P.W. 6. 11. The learned counsel for the appellant contended that the Post Mortem was noted as done on 4-8-1998 as per Ex. P4. But the oral evidence is it was done on 3-8-1998. Therefore, even a doubt occurs with regard to the Post Mortem. On perusal of the evidence of the doctor-PW.3 he clarifies the position. According to him on 3-8-1998 alone post mortem on the dead body was done. However, by oversight the date is mentioned as 4-8-1998 instead of 3-8-1998, this explanation is suffice to set right the doubt expressed by the defence. 12. PW. On perusal of the evidence of the doctor-PW.3 he clarifies the position. According to him on 3-8-1998 alone post mortem on the dead body was done. However, by oversight the date is mentioned as 4-8-1998 instead of 3-8-1998, this explanation is suffice to set right the doubt expressed by the defence. 12. PW. 4 & 5 are the parents of the deceased who speak about the actual negotiation, marriage and other details till she died on 3-8-1998. The learned counsel brought to the notice of the Court that according to the mother it was demand for dowry of Rs. 50,000/- for change of their residence, but according to the father it was to secure a job by the appellant. Whatever may be the cause for the demand, the fact remains it was this appellant who made demands through the deceased to the parents of the deceased. They speak about the details of the marriage, demand made and the amount given by them. No doubt there is some discrepancy with regard to the quantum of dowry that came to be demanded. 13. As per the evidence of PW. 4 & 5, it was a demand for Rs. 70,000/-, but they agreed to pay Rs. 50,000/-. Rs. 50,000/- was given to the first accused. The wristwatch, clothes etc., were demanded and were given to him. She further says the harassment commenced after the marriage was to get a sum of Rs. 5000/- to shift to the new house. Actually this amount was also paid and the deceased took the said amount. When she went to the house of the accused to see the dead body none of the accused were present. According to P.W. 5 there was a demand for Rs. 1,00,000/- but it was agreed at Rs. 60,000/-. Rs. 15,000/- was given and on second occasion another Rs. 15,000/- in all Rs. 30,000/- was paid. Other formalities like clothes etc., were also given. To get a new job the accused made demand for Rs. 5000/-. The statement of this kith and kin came to be recorded during the inquest proceedings. Certain D series are marked on behalf of the appellant. As per Ex. D1 statement of P.W. 4 when there was a demand for Rs. 60,000/-, they agreed for Rs.30,000/-, out of which Rs. 15,000/- was paid. Ex. D2 pertains to the reason for demand of Rs. 5000/-. According to Ex. Certain D series are marked on behalf of the appellant. As per Ex. D1 statement of P.W. 4 when there was a demand for Rs. 60,000/-, they agreed for Rs.30,000/-, out of which Rs. 15,000/- was paid. Ex. D2 pertains to the reason for demand of Rs. 5000/-. According to Ex. D2 it was towards the new job and not the new house as stated by her in the evidence. Ex. O3 is from the statement of P.W. 5. According to this statement also the suggestion is out of Rs. 30,000/- as agreed Rs.15,000/- alone came to be paid. 14. The arguments of the learned counsel for the appellant seems to be, as it was a love marriage, question of paying dowry does not arise. Though several questions were put to these witnesses that it was an arranged marriage and the victim got married to the appellant voluntarily. Those suggestions are denied. On the other hand both P.W. 4 & 5 have categorically stated they performed marriage of deceased in a temple at Srirangapatna. According to them prior to the marriage itself there was a demand for dowry and they had paid only part of the amount. Therefore, the accused started ill-treating the deceased to get the said balance of dowry. The so-called contradictions though got marked to distort the truth in the case of the prosecution would rather support the case of the prosecution that there was demand for dowry and some amount was paid towards dowry. Merely because certain photographs taken at the time of marriage are not forthcoming before the Court, it cannot be said that PW. 4 & 5 did not participate in the marriage of the deceased. There is no presumption that in the case of a love marriage, there cannot be any ill-treatment with the demands of dowry. Irrespective of the nature of the marriage, there could be ill-treatment of different nature including the demand for dowry and other articles from the kith and kin of the deceased. PW. 4 & 5 have categorically stated during the visits of the deceased she intimated the demands made by the accused to get the money. 15. According to PW. 6-The landlady the second accused was also living in the house of the first accused and the deceased. PW. 4 & 5 have categorically stated during the visits of the deceased she intimated the demands made by the accused to get the money. 15. According to PW. 6-The landlady the second accused was also living in the house of the first accused and the deceased. According to her deceased informed her that second appellant did not allow her to lead marital life with the husband. But the fact remains in the span of two months after the marriage, the victim would go and tell her landlady as well, the misery caused to her at the hands of the husband. According to the parents of the deceased she was not suffering from any illness and she was perfectly normal. She was even brought to the house of the parents during Ashada. At that time she informed the alleged torture. Though the record says FIR came into existence on 10-8-1998, the death occurred on 3-8-1998. The fact remains the concerned authorities were informed of the incident by the appellant alone on 3-8-1998. At his instance the police came on to the scene and inquest over the dead body was conducted, Post Mortem was conducted. Therefore, the respective authorities were already on the scene much prior to the sending or dispatching the FIR. For the formality sake on 10-8-1998 the statement of PW. 5 came to be recorded. On 3-8-1998 itself the statements of kith and kin were recorded by the Tahsildar. Said statement also speak about the alleged harassment. Even if she were to be get married to the appellant on her own, ultimately it would be only her parents to whom she could narrate her miseries and happiness if she were to be ill-treated by husband. One more defence of the appellant is the appellant was belonging to lower caste of the community. Therefore, the neighbours and other villagers were taunting the deceased hence she committed suicide. If the feeling and insult of the villagers like neighbours of the deceased was the cause of her suicide, the parents would not choose the appellant as the culprit. It must have come out during the investigation she died because of the insult caused to her at the hands of villagers and not due to the ill-treatment by the appellant. If the feeling and insult of the villagers like neighbours of the deceased was the cause of her suicide, the parents would not choose the appellant as the culprit. It must have come out during the investigation she died because of the insult caused to her at the hands of villagers and not due to the ill-treatment by the appellant. Some discrepancies regarding the time span i.e., the marriage took place two months prior to her death or one year prior to her death were also brought to the notice of the court. The undisputed fact is that the deceased was married to the appellant prior to her death and the appellant is none other than her husband. She committed suicide in the house of her husband. Except accused persons and deceased, there was none else living with them. If she died within a span of two months after the marriage as contended by the appellants, it would only go to show that she had to commit suicide (if it were to be a love marriage between her and the appellant) because of a strong reason. Merely because the villagers made fun of her for marrying a Nayak community person, the deceased who was bold enough to go against the wishes of her parents to get married to the appellant would not have committed suicide. On the other hand the newly married bride commits suicide when none of the accused were present in the house. The statements of the kith and kin recorded on the very date of death of the deceased would reveal the harassment caused to her with the demands of more money and articles. The minor discrepancies may pertain to quantum of period i.e., how long they lived together and how many times she could visit the parents but the relationship between the victim and the appellant and the allegation of harassment remains the same. In other words the discrepancies do not affect the case of the prosecution on the main issues. 16. The learned counsel for the appellant relied upon the following decisions : (1) 2003 (1) Crimes 329 : (2003 Cri LJ 1234) (2) 2004 (2) Crimes 189 (3) 2004 (4) Crimes 113 (SC) (4) 2004 (4) Crimes 333 : (2005 AIR —Jhar HCR 208) (Jharkhand High Court) (5) 2005 Crl. L. J. 389 (6) 2005 Crl. L. J. 1913 (7) 2005 Crl. L. J. 389 (6) 2005 Crl. L. J. 1913 (7) 2005 Crl. L. J. 65 (8) 2003 (1) Crimes 571 : (2003 Cri LJ 1591) (9) 2001 Crl. L. J. 2630 17. The gist of these cases are to the effect that though there is initial presumption under Section 113-B of the Evidence Act that a women who died within 7 years of her marriage must have been subjected to harassment with the demands of dowry, still the prosecution cannot escape from establishing its case beyond reasonable doubt. 18. The facts pertaining to the above decisions of refer to cases where the prosecution relied upon certain writings alleged to have written by the deceased during her lifetime. However, the prosecution was not able to establish that the said letters were written by the deceased. In that situation the Court held that prosecution ought to have examined independent witnesses other than the kith and kin of the deceased so also in the case where the contradictions and omissions brought on record by the defence reflected that no individual overt act attributed to husband and in laws of the deceased, possibility of accidental death could not be ruled out. In the present case it is not a case where accidentally the deceased could have come into contact with the roof of the house and she could be hanged accidentally. The very nature of material used for committing suicide would only establish the fact that the deceased knew what she was doing. Such accidental death normally could be pleaded when it was a death due to drowning in a public well or a private well or consumption of poison without the knowledge of the deceased that it was a poison. The facts and circumstances of each case would compel the Court ultimately to decide whether in a particular case the prosecution was able to establish its case or the charges against the accused beyond reasonable doubt. 19. In the present case there is one more fact, which would go against the accused is that he was having some sort of illegitimate relationship with the second accused. This was brought to the notice of the landlady as well. According to the landlady and the parents both accused 1 & 2 were harassing to get more money. 19. In the present case there is one more fact, which would go against the accused is that he was having some sort of illegitimate relationship with the second accused. This was brought to the notice of the landlady as well. According to the landlady and the parents both accused 1 & 2 were harassing to get more money. The nature of harassment was first accused was not treating her well and he was even assaulting her physically. This is spoken to by the parents. PW. 6 says the husband was found quarrelling with the deceased often and the deceased was also informing her landlady about the harassment. This is not hearsay evidence. The house of the accused was just behind the house of the landlady. She could hear what was happening in the rear portion of the house let out to the deceased and the appellant. She even knows the exact quantum of money demanded by the appellant. 20. Though the accused /appellant raised many defences to rebut the initial presumption available to the prosecution, none of the defences raised by the appellant seems to be acceptable. They remained as suggestions and nothing else. In that background the evidence of the prosecution witnesses would rather establish all the charges levelled against the first accused i.e., the appellant. The second accused was acquitted as the prosecution failed to establish the relationship between the first accused and second accused as brother and sister in order to attract the offence under Section 498-A and 304-B of IPC. However, the said acquittal of second accused is not challenged. Therefore, we need not divulge on that issue further. The appreciation of evidence by the trial Court and the reasoning to convict the accused is based on sound and established principles of law of evidence. I do not find any good ground to differ with the said opinion of the trial Court. 21. Accordingly, this criminal appeal is dismissed. 22. The learned trial Judge has sentenced the appellant to undergo simple imprisonment for 3 years and also a fine of Rs. 5000/- in respect of Section 498-A of IPC, 7 years of S. I. in respect of 304-B of IPC, 5 years of S. I. and a fine of Rs. 15,000/- in respect of Section 3 of Dowry Prohibition Act, 6 months S. I. and Rs. 5000/- in respect of Section 498-A of IPC, 7 years of S. I. in respect of 304-B of IPC, 5 years of S. I. and a fine of Rs. 15,000/- in respect of Section 3 of Dowry Prohibition Act, 6 months S. I. and Rs. 5000/- as fine in respect of Section 4 of D. P. Act and so far as Section 6 of Dowry Prohibition Act 6 months S. I. and Rs. 5000/- fine are imposed. In respect of all offences where fine amount is imposed in default certain specific period is mentioned as period of further sentence of imprisonment. All sentences were ordered to be run concurrently. However, the trial Court says if fine amount was not deposited the appellant shall undergo Simple Imprisonment mentioned in the order portion separately subsequent to the simple imprisonment already awarded. 23. So far as the quantum of sentence imposed by the trial Court there is no need to interfere with the same but the condition or the order of column No.3 of the Judgment would say in case of failure to deposit the fine amount the S. I. awarded in respect of default clause shall be suffered separately. 24. According to the learned counsel for the appellant it would mean consecutively in respect of each of the evidence. It is made clear that the substantive default sentence is in respect of offence under Section 3 of the Dowry Prohibition Act i.e., one year. The period of simple imprisonment so far as default clause shall run concurrently. 25. Order accordingly.