Judgment Mahesh Grover, J. 1. Anoop Singh son of Karan Singh has assailed judgment of the learned Addl. Sessions Judge, Rohtak dated 6/9-5-1997 by which he was sentenced to undergo rigorous imprisonment for life under the provisions of Section 304-B of the Indian Penal Code. By the same judgment Balwan Singh son of Karan Singh was awarded 10 years rigorous imprisonment under Section 304-B of the Indian Penal Code. Both these appellants have filed separate appeals i.e. Crl. Appeal No. 483-DB of 1997 and Crl. Appeal No. 455-SB of 1997, respectively. 2. By this common judgment, I propose to dispose of both the aforementioned appeals. 3. Initially, accused-Anoop Singh, his brother Balwan Singh and the latters wife Smt. Santosh along with Smt. Krishna Devi, mother of accused-Anoop Singh had been sent up for trial for having committed an offence under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code. Smt. Krishna Devi is stated to have died during the pendency of the trial. Smt. Santosh was acquitted by the trial Court. The other two accused, namely, Anoop Singh and his brother Balwan Singh, were convicted under the provisions of Section 304-B, I.P.C., whose appeals are now being dealt with presently. 4. The brief case of the prosecution is that Smt. Chhano Devi daughter of complainant-Phool Singh was a resident of village Balkara and was married to accused-Anoop Singh resident of village Mundsa on 18-6-1994, It was the case of complainant-Phool Singh that he had spent more than his means at the time of marriage by giving dowry. Chhano Devi stayed in the matrimonial home for five days and on her Dussar (second visit) to her parental home she complained to her father Phool Singh that Anoop Singh accused, her Jeth Balwan Singh, Jethani Smt. Santosh and mother-in-law Smt. Krishna Devi taunted her and asked her to bring scooter in dowry. The complainant and his family members pacified the deceased-Chhano Devi and asked her to go back. About three months before the death of Chhano Devi her brother Sube Singh, who is in the Delhi Police, went to village Mundsa, his sisters matrimonial home. Sube Singh was snubbed by the four accused persons and was told in no uncertain terms that if the scooter was not given, Chhano Devi would be done to death and till that time she would continue to be harassed. Sube Singh was snubbed by the four accused persons and was told in no uncertain terms that if the scooter was not given, Chhano Devi would be done to death and till that time she would continue to be harassed. Thereupon the complainant and Kartar Singh, the Sarpanch of village Balkara came to village Mundsa and advised and counselled all the four accused as well the deceased-Chhano Devi to settle down peacefully but the accused persons were unrelenting in their approach. They said that Chhano Devi should not meet Santosh who is also from village Balkara and is married in village Mundsa and that Sube Singh should also not visit the house of the accused. These were the conditions put forward by the accused persons which were accepted by the complainant. All the four accused persons thereafter demanded as to when the scooter would be given. The complainant and Kartar Singh thereafter assured them that the scooter would be given after the harvesting of the mustard crop after Holi festival. The complainants nephew Rajesh brought Chhano Devi from village Mundsa to village Balkara about 7/8 days prior to Holi festival of 1995. On 2-4-1995, Anoop Singh accused came to the complainants house at about 5.30 p.m. and Insisted that Chhano Devi should accompany him back to her matrimonial home the same day. The complainant tried to reason with Anoop Singh and tried to persuade him to go next day but he did not agree. Accordingly, at about 7.30 p.m. Chhano Devi was asked to go with Anoop Singh to village Mundsa. Chhano Devi was extremely reluctant and went weeping and said that there was danger to her life and that the accused would kill her. Chhano Devis Mausi (mothers sister) Brahma Devi and Bharpai, who was Chhano Devis paternal aunt, also counselled her to go with Anoop Singh. On 4-4-1995, at about 3.00/ 3.30 a.m. Subh Ram, Jage Ram and Dharam Pal of village Mundsa came to the complainants house in village Balkara and informed him that Chhano Devi had committed suicide at about 9.00 p.m., the same night by hanging herself. Thereupon the complainant-Phool Singh, Kartar Singh, Hawa Singh Lambardar and 20/25 other persons went to village Mundsa but no satisfactory explanation came from the family of the accused. The complainant and Kartar Singh then proceeded to the police station for reporting the matter. Thereupon the complainant-Phool Singh, Kartar Singh, Hawa Singh Lambardar and 20/25 other persons went to village Mundsa but no satisfactory explanation came from the family of the accused. The complainant and Kartar Singh then proceeded to the police station for reporting the matter. On the way at the bus stand of village Mundsa they met a police party headed by Mehar Singh SI/SHO of Police Station, Sahlawas to whom the complainant-Phool Singh made statement Exhibit PD narrating the above stated facts. The SHO made his endorsement Exhibit PD/1 on the statement and sent it to police station where First Information Report Exhibit PD/2 was recorded at 5.50 p.m. 5. SI/SHO Mehar Singh with the police party, complainant-Phool Singh and Kartar Singh went to the spot and conducted the inquest proceedings on the dead body of Chhano Devi and the dead body was sent for autopsy along with request Exhibit PG/1. Rough site plan was also prepared, and statements of the witnesses were also recorded. On 8-4-1995, the police arrested all the four accused. The rope with the knot, used by the deceased for hanging herself was also taken into possession vide memo Exhibit PH. 6. Dr. P. K. Paliwal, Reader, Department of Forensic Medicines, PGI MS, Rohtak conducted post-mortem examination on the dead body 6f the deceased. He found the following injuries on the body of the deceased: There was a ligature mark over the neck 4 cm. below the centre of chin in mid line. It was 2.5 cm. in width and running obliquely upwards, backwards and posteriorly on both sides of neck. It was 5.5 cm. below the mastoid process on left side and 6 cm. below the right mastoid process. It was encircling the neck posteriorly situated 6 cm. below the external occipital protuberance. It was interrupted on the nape of neck on left side and at places. The ligature mark was dark, dry, hard, parchment like. On dissection it was white, glistening with marginal echymosis. The injury mentioned above was anti-mortem in nature. 7. He further opined that the death was due to asphyxia as a result of hanging. Dr. Paliwal also had the occasion to examine the rope and gave an opinion vide Exhibit PB that the injury of Chhano Devi could have been caused by this type of rope which was strong enough to bear the weight of the body. 7. He further opined that the death was due to asphyxia as a result of hanging. Dr. Paliwal also had the occasion to examine the rope and gave an opinion vide Exhibit PB that the injury of Chhano Devi could have been caused by this type of rope which was strong enough to bear the weight of the body. Sketch Exhibit PC of the rope was also prepared by him. Copy of the post-mortem report is Exhibit PA. 8. Sealed parcels of the clothes of the deceased were also sent to the Forensic Science Laboratory, Madhuban and as per the report Exhibit PR human blood was detected on the Chunni and shirt of the deceased, but blood could not be detected on her Salwar and underwear nor semen was detected thereon. Saliva was detected on the shirt but not on Salwar. Faecal matter was detected on the underwear. 9. After completion of the investigation, the police presented the challan for trial and after due process charges under Sections 498-A, 304-B read with Section 34 of the Indian Penal Code were framed against all the four accused by the learned trial Court. All the accused persons in their statements under Section 313 of the Code of Criminal Procedure pleaded not guilty and claimed trial. 10. During the pendency of the trial accused-Krishna Devi expired and so the proceedings against her were dropped as having abated. 11. The prosecution in support of its case examined as many as nine witnesses which included the complainant, the doctor and the Investigating Officer. Phool Singh complainant, Kartar Singh and Brahma Devi, Mausi of the deceased, were consistent in their stand that the deceased-Chhano Devi, who had been married on 18-6-1994 to accused-Anoop Singh had been harassed on account of dowry and for not bringing a scooter and as a result thereof Chhano Devi had committed suicide. The prosecution had further relied upon the statement of the doctor, and his opinion, to bring home guilt of the accused. 12. In defence, the accused had examined two witnesses i.e. D.W. 1 Roop Chand and D.W. 2 Dharam Pal to prove their innocence. 13. The learned Addl. The prosecution had further relied upon the statement of the doctor, and his opinion, to bring home guilt of the accused. 12. In defence, the accused had examined two witnesses i.e. D.W. 1 Roop Chand and D.W. 2 Dharam Pal to prove their innocence. 13. The learned Addl. Sessions Judge after appraising the evidence adduced before him came to the conclusion that Anoop Singh and Balwant Singh accused were guilty of the offence under Section 304-B and accordingly Anoop Singh was sentenced to undergo life imprisonment under Section 304-B while Balwan Singh was sentenced to undergo rigorous imprisonment for ten years under Section 304-B of the Indian Penal Code. Santosh was, however, acquitted of the charges against her. Anoop Singh and Balwant Singh have now assailed the findings of the learned Addl. Sessions Judge by way of two separate appeals. 14. Mr. Vinod Ghai, learned Counsel for the appellants very strenuously argued that there was delay in the lodging of the FIR and on this score he said that improvements have been made in the prosecution version. He stated that the occurrence had taken place on 3-4-1995 at 9.00 p.m. The parents i.e. Phool Singh was informed on 4-4-1995 at about 3.30 a.m. Phool Singh along with Kartar Singh and other villagers reached the house in the morning within one hour and stayed there for 2/3 hours. The FIR was recorded at 5.50 p.m. and, between the time when Phool Singh is stated to have remained at the house of Anoop Singh accused till the lodging of the FIR, there was roughly a gap of 12 hours. He urged that in these 12 hours there was enough scope for improving upon the version by the complainant. 15. We are unable to accept this contention of Mr. Ghai as sequence of events does not show that there is inordinate delay in lodging of the FIR. Reading of the FIR also shows that it is a straight and an honest version coming forward from an aggrieved father. There are no exaggerations which would show that any improvements have been made by the complainant. Confronted with such like serious situations where the families are involved, it may not be unusual for relations and other members of the society to delay the matter by a few hours or so. There are no exaggerations which would show that any improvements have been made by the complainant. Confronted with such like serious situations where the families are involved, it may not be unusual for relations and other members of the society to delay the matter by a few hours or so. A perusal of the facts, therefore, does not show that there has been inordinate delay in lodging of the FIR which could be termed fatal to the prosecution case. 16. Mr. Ghai then went on to argue that the ingredients of Section 304-B are not made out and at best it could only be an offence under Section 306, I.P.C. To substantiate his arguments further he stated that there was absolutely no evidence to show that there was any harassment and demands of dowry immediately soon before the death and consequently Section 304-B, I.P.C. would not be attracted. Section 304-B, I.P.C. is reproduced below for reference: 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, or 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. Explanation.- For the purposes of this sub-section, "dowry" shall have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 17. A perusal of the aforementioned provisions of law shows that for the offence under Section 304-B to be completed three immediate ingredients have to be satisfied : (i) The death of a female occurs otherwise than under normal circumstances i.e. unnatural death; (ii) that the death occurs within seven years of her marriage; and (ii) that soon before her death she was subjected to cruelty and harassment by her husband or his relatives by making demands of dowry. In the instant case Chhano Devi who was married on 18-6-1994 died within a few months of her marriage by committing the desperate act of taking her life. 18. The argument of the learned Counsel for the appellants that there was no immediate demand for dowry which could be termed as harassment immediately prior to death cannot be accepted in view of the fact that the death had taken place just within few months of the marriage. It would be dangerous to interpret this section so as to mean that immediate demand of dowry which could be termed as harassment soon before her death should be so immediate so as to narrow down to, within hours or minutes of the incident where a woman takes her life. Nine-ten months of marriage is too short a period and the extent of harassment can be imagined when a person is forced to take such desperate measure in such a short time. 19. Apart from this, there is evidence on record that when the deceased visited her father Phool Singh 7/8 days before the festival of Holi and Anoop Singh accused came to take her back on 2-4-2005 she was reluctant to go with him and she was virtually forced by her father and her relations to go with Anoop Singh which she weepingly did. The very next day i.e. on 3-4-1995, she committed suicide. Therefore, to say that there was no harassment on account of demand of dowry could not be acceptable. In all these months repeated demands for a scooter were made and these frequent demands have all come in evidence indicating that there was constant harassment to the deceased which forced her to take her own life. We are, therefore, of the opinion that the provisions of Section 304-B would be squarely applicable in view of the strong presumption of law which is straightway attracted once the death take place within seven years of marriage in an unnatural manner. 20. In continuation of his submissions Mr. Ghai had made an argument to say that the presumption under Section 113-A of the Indian Evidence Act ought to come into play rather than the presumption under Section 113-B of the said Act and with that he tried to extend the argument that it was a case where Section 306 would be attracted and not Section 304-B. IPC. Ghai had made an argument to say that the presumption under Section 113-A of the Indian Evidence Act ought to come into play rather than the presumption under Section 113-B of the said Act and with that he tried to extend the argument that it was a case where Section 306 would be attracted and not Section 304-B. IPC. No doubt, if there had been no demand of dowry then the contention of Mr. Ghai could have been accepted, but here, as stated above, there were repeated demands of dowry in the form of a scooter and consequently, we hold that in the facts and circumstances of the present case it is the presumption under Section 113-B of the Indian Evidence Act which would be attracted and not the presumption under Section 113-A. 21. Mr. Ghai thereafter submitted that there was no evidence against Balwan Singh appellant, he being the brother of accused Anoop Singh and he has been falsely implicated. The learned trial Court had acquitted Santosh on the premise that there is a tendency in such like situations to rope in more and more relatives of the husband. After perusing the evidence on record we are of the opinion that the learned trial Court ought to have extended the benefit of this argument to Balwant Singh accused as there is no material on record to show that Balwant Singh accused was also instrumental in making the demands of dowry and harassing the deceased. We, therefore, are inclined to accept the argument raised by Mr. Ghai and accept the appeal of Balwan Singh i.e. Crl. A. No. 445-SB of 1997 and acquit him of all the charges framed against him. 22. Mr. Ghai then submitted that as far as Anoop Singh is concerned his sentence is excessive and the provisions of Section 304-B lay down a minimum sentence of seven years which may extent to imprisonment for life. In support thereof he cited Hem Chand V. State of Haryana , Paramjit Singh V/s. State of Punjab 2002 (3) RCR (Criminal) 830 and Jasbir V/s. State of Haryana 1998 (2) All India Criminal Law Reporter 529. The sequence of events which culminated in the death of Chhano Devi is not so glaring so as to warrant such a harsh punishment as imprisonment for life when a lesser punishment could have been given. 23. The sequence of events which culminated in the death of Chhano Devi is not so glaring so as to warrant such a harsh punishment as imprisonment for life when a lesser punishment could have been given. 23. There is no yardstick to measure the heinousness of an offence so as to grant the extreme penalty of imprisonment for life. Death in every case is an unfortunate event but suicides also depend a lot on the sensitivity of a person who takes his life. No doubt, the husband of the deceased Anoop Singh showed his apathy towards his wife and made constant demands of dowry but to our mind this may not be a case which would warrant imprisonment for life, and such punishments, should be meted out in cases which are rare and not in every case. We agree with the observations made in Hem Chands case (supra) which have been followed by this Hon ble Court in Paramjit Singhs case (supra) as well. 24. We, therefore, keeping in view the entire circumstances and evidence on record, reduce the sentence of Anoop Singh from life Imprisonment to eight years rigorous imprisonment. The appeal of Anoop Singh i.e. Crl. A. No. 483-DB of 1997 is, therefore, partly allowed and the sentence is reduced to eight years rigorous imprisonment. 25. With these observations and modifications the aforementioned two appeals are disposed of.