Judgment K.S.Garewal, J. 1. Krishan Kumar (23) of Satroad Khas, District Hisar, married Rani Devi (20) daughter of Sant Lal (PW-11) of Khanori, District Sangrur on May 23, 1993. The couple had a baby daughter named Mamta born on August 7, 1994. On February 15, 1995 Rani died of poisoning at Satroad. Krishan Kumar along with his parents Bhajan Lal and Satto and brothers Shyama alias Sham Lal, Daya Nand and Daya Nands wife Seema were tried before the learned Additional Sessions Judge, Hisar for offences under Sections 304-B and 498-A of the Indian Penal Code and vide judgment dated April 2, 1997 the learned Trial Judge recorded conviction against Krishan Kumar, Bhajan Lal, Sham Lal alias Shyama and Satto under Section 304-B of the Indian Penal Code. The first two accused were sentenced to rigorous imprisonment for life and to pay fine of Rs. 2,000/-, in default of payment of fine to further to undergo Rigorous Imprisonment for one year. The other two were sentenced undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,000/-, in default of payment to further undergo rigorous imprisonment for six months. Daya Nand and Seema were acquitted. 2. The prosecution case is that Krishan and Rani Devi were married on May 23, 1993. Rani Devis father Sant Lal (P-11) had given sufficient dowry to his daughter in accordance with his status but Krishan and his parents were not satisfied with the dowry. Whenever Rani Devi visited her parents she would complain that she was subjected to harassment by Krishan, his mother Satto and brothers Shyama and Daya Nand and latters wife Seema for not bringing sufficient dowry. Krishan visited his father-in-law and demanded Rs. 50,000/- saying that he had passed 10+2 and needed money for getting a job. Sant Lal showed his inability to pay the amount as he had spent enough money on the marriage. Thereupon Krishan threatened to leave Rani Devi if money was not paid. Sant Lal also filed complaints on September 29, 1994 to senior officers to complain against Krishans demand. 3. On February 10, 1995 Rani Devis brother Kashmiri Lal (PW-12) visited Satroad to meet his sister and came to know from Rani Devi that her husband and his family were harassing her. Rani Devi was forcibly turned out of the house by the accused. 3. On February 10, 1995 Rani Devis brother Kashmiri Lal (PW-12) visited Satroad to meet his sister and came to know from Rani Devi that her husband and his family were harassing her. Rani Devi was forcibly turned out of the house by the accused. Thereafter Sant Lal (PW-11), Phool Chand and Hem Raj came to the house and requested Krishan not to harass Rani Devi and offered to take her home for a few days but Krishan replied that she could go after signing divorce papers. 4. On February 16, 1994 Ishwar Singh informed Sant Lal that Rani Devi had been killed whereupon Sant Lal and his family members reached Satroad and found Rani Devi lying dead. The matter was reported by Sant Lal to the police at 12.15 p.m. on February 16, 1995. Sant Lals statement was recorded by ASI Hari Chand (PW-13) and case was registered at Police Station Sadar Hisar at 1.05 p.m. 5. Investigation was taken up by the Investigating Officer who reached the spot and prepared inquest report. Investigating Officer also got the dead body photographed from Rajinder Singh (PW-8) and then sent the dead body for post-mortem examination which was conducted by Dr. J.S. Bhatia (PW-7) on February 16, 1995 at 5.15 p.m. The Medical officer did not notice any injury on the dead body of Rani Devi. However, pieces of lungs, stomach with its contents, pieces of large and small intestines, pieces of liver, spline and kidney were taken and sealed separately in a sealed bottles, to be sent to Chemical Examiner, Forensic Science Laboratory, Madhuban to determine the cause of death. The Chemical Examiner vide his report dated May 15, 1995 gave his opinion that organo-phosphorus pesticide was detected in the contents of the stomach, pieces of small and large intestines, pieces of liver, spleen, kidney, lungs and blood. Therefore, Dr. J.S. Bhatia (PW-7) returned the finding that cause of death of Rani Devi consumption of organo phosphorus pesticide which had been detected in the viscera. The accused were arrested and sent up for trial. 6. At the trial, charge was framed against the four appellants as well as the two acquitted accused under Section 304-B and 498-A of the Indian Penal Code, to which they pleaded not guilty and claimed to be tried. 7. The main witnesses examined by the prosecution were Dr. The accused were arrested and sent up for trial. 6. At the trial, charge was framed against the four appellants as well as the two acquitted accused under Section 304-B and 498-A of the Indian Penal Code, to which they pleaded not guilty and claimed to be tried. 7. The main witnesses examined by the prosecution were Dr. J.S. Bhatia (PW- 7), Sant Lal (PW-11), Kashmiri Lal (PW-12) and ASI Hari Chand (PW-13). 8. The accused were examined without oath under Section 313 Cr.P.C. They admitted that Rani Devi was married to Krishan on May 23, 1997. The inter se relationship were also admitted but the other circumstances appearing in the prosecution evidence were denied. Krishan gave his detailed explanation as under :- "Witnesses have given false evidence. My wife Rani Devi was a lady of hot temperament. She wanted that she should live with me at village Khanori in her parental house, but I declined her offer. I separated from my parents and brothers and started living at a kotha of the tubewell of Ram Kumar. My wife had insulted me and my parents number of times. She was treating us with cruelty and (I) filed divorce petition. When my wife gave birth to a daughter, she went to her parental house without any intimation on the pretext that her mother was ailing. I went to bring her but she had altercation with me and had desired that I will reside at Khanori and when I refused her suggestion, she gave daughter to me. Although divorce petition has been filed but with the intervention of the panchayat, I brought my wife. On the day of occurrence, she again insisted that I should go to village Khanori. I reprimanded and went for my work as she was lady of hot temper, she committed suicide after leaving my house. Immediately information was sent to her parents and her father came along with other persons and gave in writing that he will not be responsible for my daughter in spending any money for her marriage. He demanded entire amount spent by him in the marriage and when it was refused and as the dead body has not been cremated by that time, her father with the consultation with his son has falsely implicated us. My brother Shamma is residing at village Kharari District Rohtak and is a registered voter there. He demanded entire amount spent by him in the marriage and when it was refused and as the dead body has not been cremated by that time, her father with the consultation with his son has falsely implicated us. My brother Shamma is residing at village Kharari District Rohtak and is a registered voter there. He does not reside at Satroad. Daya Nand was residing in the village Abadi." The statements of the other appellants were to the similar effect. 9 When called upon to enter defence the accused examined Sarpanch Murari Lal, of Satroad Khas, as DW-1. The accused also tendered in evidence a certified copy of the divorce petition in the case Krishan v. Rani Devi dated September 28, 1994, a copy of the order dated March 20, 1995 regarding the dismissal of the petition as having been withdrawn and the voter list. 10. The learned Additional Sessions Judge appears to have accepted the prosecution case regarding the deceased being subjected to harassment and cruelty by the husband and his family by relying heavily on the complaint made by Sant Lal on September 29, 1994 to Senior Superintendent of Police, Hisar and the Deputy Commissioner, Sangrur. In these complaints it was specifically alleged that a daughter had been born to Sant Lals daughter and her husband had started beating her. Sant Lals daughter was sent home but the grand- daughter was kept by the accused. The names of the parents, brothers and sister-in-law were also mentioned in these complaints. 11. Learned counsel for the appellants has seriously challenged the conviction of the appellants under Section 304-B of the Indian Penal Code and has argued that Rani Devis death was not "dowry death" although she had committed suicide by consuming poison. The husband and wife had not been pulling along well. After Rani Devi died the Panchayat of Khanori had submitted before the Panchayat of Satroad Khas that the Khanori Panchayat would not be responsible for the daughter of the deceased who had been handed over to the care of the Satroad panchayat. A document was drawn up in this respect wherein Chandi Ram Pardhan of Khanori Panchayat had signed and Sant Lal, Lal Chand and Parbhu Dayal had put their thumb impressions. This document was Ex. DA. A document was drawn up in this respect wherein Chandi Ram Pardhan of Khanori Panchayat had signed and Sant Lal, Lal Chand and Parbhu Dayal had put their thumb impressions. This document was Ex. DA. Sant Lal in cross-examination had accepted as correct that document Ex DA had been prepared in which he had recorded that his daughter had died on account of some reason and she had left behind a 4-month old daughter named Mamta. It was also recited therein that in future they would not be responsible for the care of Mamta and would not join her marriage. However, Sant Lal went on to explain that his daughter was lying dead therefore, he was presumably overcome with grief and did not record therein that she had died on account of harassment and cruelty given to her by her husband. The original document was in Sant Lals possession. 12. It was also contended by the learned counsel that Sant Lal had made many improvements in his statement at the trial, over and above what he had recorded in his complaints dated September 29, 1994. There had been a dispute between the husband and the wife over their infant daughter. Rani Devi had come to her parental home with her child 15 days after delivery, Krishan came after 4/5 days to take her back but Sant Lal told him that he could take Rani Devi on the next date. Krishan Lal insisted on taking her on that very day and ultimately he snatched the child and took her away. Under these circumstances Rani Devi was not sent with Krishan. 13. Offences punishable under Section 304-B and Section 306 IPC are offences where under certain circumstances, the Court could presume that the offences had been committed. Section 113-B of the Evidence Act is with regard to presumption as to dowry death of a married woman. Section 304-B requires certain ingredients to be present before conviction can be recorded. 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 is one of the main ingredient. In the present case the death of Rani Devi was on account of organo phosphorus poisoning. Death was certainly otherwise than under normal circumstances and within seven years but it was neither caused by burns or bodily injuries. In the present case the death of Rani Devi was on account of organo phosphorus poisoning. Death was certainly otherwise than under normal circumstances and within seven years but it was neither caused by burns or bodily injuries. She had been subjected to harassment and cruelty on account of demand of Rs. 50,000/- but this was something that had occurred in August/September 1994, nearly 4-1/2 months earlier. However, there was an instance of harassment that had occurred on February 10/11, 1995 when Kashmiri Lal had met his sister Rani Davi and informed his father on return that she was still being harassed by the accused and had been forcibly turned out of the house. The matter was patched up when Sant Lal and others visited Khanori and offered to take Rani Devi for a few days. However, Krishan insisted that Rani Devi could only go after signing the divorce papers. Rani Devi died of poisoning on February 15. 14. There is also evidence that Krishan had filed a divorce petition against his wife copy of which is Ex. DC. This petition was filed on September 30, 1994. There is nothing on record to show whether Rani Devi had appeared in this case and filed her written statement or not. 15. Lastly after Rani Devis death Sant Lal and the Pardhan of Khanori Panchayat along with some others had handed over Mamta to the Satroad Panchayat stating that henceforth they would not be responsible for her (up- bringing) and would not participate in her marriage. This signified that Sant Lal had given up all responsibility for bringing up his grand-daughter. 16. Under Section 113-A of the Evidence Act if the husband or any of his relative had subjected the deceased to "cruelty", the Court could presume that her suicide had been abetted by her husband or any relatives. Therefore, in the present case what appears to us is that the deceased had died of her own hand, in other words she had committed suicide and had not been given poison or made to consume poison against her will. As a matter of fact it is very difficult to administer poison to a person because organo-phosphorus pesticides are extremely pungent and cannot be disguised in tea, milk or in any other beverage. There may be exceptions but by and large people who die of organo-phosphorus poisoning commit suicide. As a matter of fact it is very difficult to administer poison to a person because organo-phosphorus pesticides are extremely pungent and cannot be disguised in tea, milk or in any other beverage. There may be exceptions but by and large people who die of organo-phosphorus poisoning commit suicide. Therefore, we are of the view that Rani Devis death was suicidal though she had been subjected to cruelty as defined under Section 498-A of the Indian Penal Code. Under this provision cruelty is any willful conduct which is of such a nature as is likely to drive a woman to commit suicide. 17. In the present case Krishan had demanded Rs. 50,000/- from his father-in-law to enable him to secure a job after having passed 10+2 examination. Krishan had also grabbed his child Mamta from her mother and filed a divorce petition. These incidents had taken place almost 4/5 months before the occurrence but on February 11, 1995 Krishan had again expressed that Rani Devi should leave his house but only after signing the divorce papers. The above were the circumstances in which Rani Devi was driven to commit suicide by consuming organo-phosphorus compound. 18. We are not convinced that she had been subjected to cruelty or harassment for or in connection with any demand for dowry soon or before her death. The "cruelty" was in respect of Krishan insisting that she should leave his house but only after signing the divorce papers. In view of the above circumstances, the presumption under Section 113-A of the Evidence Act regarding abetment of suicide by a married woman could be raised against Krishan Kumar only but not against the remaining appellants. Therefore, the offence in this case was one under Section 306 IPC of which Krishan Kumar appellant 1 is found guilty and the other appellants are entitled to acquittal. The appeals of Bhajan Lal, Shyama and Satto are accepted and they are hereby acquitted of the offence under Section 304-B of the Indian Penal Code. Although we have taken the aid of the definition of cruelty given in Section 498-A of the Indian Penal Code for raising the presumption under Section 113-A of the Evidence Act, we do not feel that it is necessary to separately uphold the conviction of the appellants for this offence. All the accused are, therefore, acquitted under Section 498-A of the Indian Penal Code. 19. All the accused are, therefore, acquitted under Section 498-A of the Indian Penal Code. 19. Resultantly Krishan Kumars conviction is converted from one under Section 304-B IPC to one under Section 306 IPC and he is sentenced to undergo Rigorous Imprisonment for five years and to pay fine of Rs. 20,000/-, in default of payment of fine he shall further undergo rigorous imprisonment for six months. Bhajan Lal, Shyama alias Sham Lal and Satto are acquitted. Fine if recovered, shall be paid to the father of the deceased.