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Patna High Court

PARMILA JHA AND ANRversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED

Holding

The conviction of Tannu Jha under Sections 304B and 34 IPC is set aside and the appellant is acquitted.

Summary

The appellant Tannu Jha appealed against her conviction for dowry death under Sections 304B and 34 of the IPC, based on the fire‑related death of her sister‑in‑law Soni Jha. The prosecution alleged that the deceased was subjected to dowry demands and cruelty, leading to her being set alight. The trial court relied on a presumption under Section 113(b) of the Evidence Act and convicted the appellant. On appeal, the High Court examined the evidence and found no proof of any dowry demand or cruelty by the appellant, noting that the essential ingredient of dowry‑related harassment was missing. Consequently, the court held that the presumption could not be invoked and set aside the conviction, acquitting the appellant and discharging her bail obligations.

Issues considered

  • What evidence was there to establish the essential ingredients of a dowry death under Section 304B IPC, particularly cruelty or harassment for dowry?
  • Whether the presumption under Section 113(b) of the Evidence Act can be applied in the absence of proof of dowry demand.

Legislation cited

Subjects

  • dowry death
  • Section 304B IPC
  • Section 113B Evidence Act
  • presumption of guilt
  • acquittal
  • criminal appeal
  • evidence evaluation

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                       CRIMINAL APPEAL (SJ) No.443 of 2019
            Arising Out of PS. Case No.-67 Year-2004 Thana- BISFI District- Madhubani
     ======================================================
1.    PARMILA JHA , Wife of Lal Jha, Resident of Village – Chahuta, P.S. Bisfi,
      District- Madhubani.
2.    Tannu Jha, Daughter of Lal Jha, resident of Village – Chahuta, P.S. Bisfi,
      District- Madhubani.
                                                               ... ... Appellants
                                       Versus
     The State of Bihar.                                     ... ... Respondent
     ======================================================
     Appearance :
     For the Appellant/s      :        Mr. Manoj Kumar Jha, Advocate
                                       Mr.Gopal Jha, Advocate
                                       Mr. Shreepal Jha, Advocate
     For the Respondent/s     :        Ms. Anita Kumari Singh, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                         ORAL JUDGMENT
      Date : 18-02-2026

                At the outset, it is submitted that appellant no. 1 has

      died during pendency of present appeal and, therefore, the

      present appeal stands abated against her.

                2. Now this appeal survives only against appellant no.

      2, namely, Tannu Jha.

                3. The present appeal preferred under section 374(2)

      of the Code of Criminal Procedure, 1973 (in short the

      “Cr.P.C.”)       by     appellant/convict          against       judgment         of

      conviction and order of sentence dated 03.01.2010 and

      08.01.2019 passed by the Presiding Officer, Fast Track Court

      No-II, Madhubani in Sessions Trial No. 334 of 2005/105 of
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         2018, arising out of Bisfi P.S. Case No.67 of 2004,

         corresponding to G.R. No.                  823 of 2004, whereby and

         whereunder appellant/convict has been convicted for the

         offences punishable under Section 304(B)/34 of the Indian

         Penal Code and sentenced to undergo rigorous imprisonment

         for seven (7) years.

                   4. The brief case of prosecution, as it appears from the

         fardbeyan of the informant/PW-10 namely, Amrendra Jha @

         Pappu Jha, is that marriage of his sister solemnized with

         Chandan Jha of Village Chahuta on 28.04.2003. At the time

         of marriage, gift was given by his father according to his

         financial capacity. After the Bidagiri ceremony, the deceased

         accompanied her husband to Calcutta. It is alleged that while

         residing at Calcutta, the accused persons subjected the

         deceased to cruelty and harassment in connection with

         additional dowry demands. Subsequently, a Panchayati was

         convened in order to resolve the dispute and to persuade the

         husband and his family members. Thereafter, the father-in-

         law is stated to have performed the Bidagiri ceremony and

         taken the deceased back, leaving her at Village Chahuta in the
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         company of her grandmother-in-law. In the meantime, the

         Nanad (sister-in-law), mother-in-law and father-in-law of the

         deceased allegedly demanded a sum of Rs. 50,000/-, along

         with a refrigerator and a motorcycle, as additional dowry,

         stating that only upon fulfillment of the said demand, they

         would take the deceased back to her matrimonial home. It is

         further alleged that when the mother-in-law and Nanad of the

         deceased came to Village Chahuta, the informant (PW-10)

         was intimated by his maternal uncle (PW-1) that they had

         called him for talks. Accordingly, on 13.06.2004 at about

         7:00 P.M., the informant reached Village Chahuta, where the

         deceased disclosed to him that if aforesaid demands were not

         fulfilled, she would be done to death. The informant returned

         to his village the following morning. On the same day, at

         about 1:30 P.M., he received information from his maternal

         uncle (PW-1) that Parmila Jha and Tannu Jha had killed his

         sister by setting her on fire. Upon receipt of the said

         information, the informant proceeded to Village Chahuta

         alongwith his friend and found the dead body of his sister

         lying in the northern room of the house.
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                   5. On the basis of aforesaid fard-e-beyan of the

         informant, Police drawn First Information Report and

         registered Bisfi P.S. Case No. 67 of 2004 on 14. 06. 2004

         under section 304(B), 34 of I.P.C. against accused persons.

                   6.     Police recorded statement of informant under

         section 164 of Cr. P. C, and after concluding investigation,

         submitted Charge Sheet in two sets finding the occurrence

         true against all the four accused persons on the basis of which

         cognizance was taken by the learned C.J.M., Madhubani on

         21.08.2004, whereafter vide order dated 30.05.2005, the

         case was committed to the court of Session after

         amalgamation of the two records with respect to all the four

         accused persons vide order dated 25.08.2005 passed by the

         learned C.J.M. Madhubani.

                   7. After commitment the charge was explained to

         accused/appellant for offences under sections 304 (B), 34 of

         I.P.C., which was denied and trial was claimed.

                   8. To established its case before the learned trial

         court, the prosecution altogether examined total of twelve

         witnesses, namely, PW-1 Bhagyan Narayan Chaudhary, PW-
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         2 Manoj Kumar Jha, PW-3 Pan Devi, PW-4 Mahavir Jha,

         PW-5 Jagtarni Devi, PW-6 Sudhir Kumar Jha, PW-7 Vidya

         Nand Jha, PW-8- Santosh Kumar Jha, PW-9 Jagdish

         Choudhary (Doctor), PW-10 Amrendra Kumar @ Pappu

         (Informant), PW-11 Md. Shoaib Khan, PW-12 Ashok

         Kumar Jha.

                   9. The prosecution also exhibited following documents

         during the trial to substantiate its case which are as:-

                       Exhibit-1 – Signature of Sujeet Kumar on
                       fardbeyan dated 14.06.2004
                       Exhibit-2- Seizure List
                       Exhibit-3- Postmortem report
                       Exhibit-4-Entire fardbeyan of case no. 334/05
                       Exhibit-5- Signature on Formal FIR.
                       Exhibit-1/1- Written fardbeyan
                       Exhibit-1/2 Registration on fardbeyan
                       Exhibit-1/3 Whole fardbeyan
                       Exhibit-6- Inquest report
                       Material Exhibit-1- five liters of gallon of
                       kirosene, matchbox, golden mangalsutra.
                       Exhibit-7 Charge-sheet no. 50/04
                       Exhibit-8-         Supplementary        charge-sheet   no.
                       55/05.


                   10. After examination of the prosecution witnesses

         and     by     taking     note      of    evidences   and   incriminating
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         circumstances as surfaced during the trial, the statement of

         appellant/accused person were recorded under Section 313 of

         the Cr.P.C., which was denied in totality by showing complete

         innocence.

                   11. Total of two defence witnesses were examined

         on behalf of accused/appellant during the trial.

                   12. The defence also exhibited following documents

         during the trial to substantiate its case which are as:-

                       Exhibit-A Attendance register of Shyam Nagar
                       Consumer cooperative Store Ltd. Initial signature of
                       accused Lal Jha for the month of June 2004.
                       Exhibit- B Initial signature of Lal Jha on receipt of
                       goods purchasing.
                       Exhibit-C- Initial signature of Chandakur Jha on
                       attendance register of MARS Mahajain Security
                       Service Pvt. Ltd., Patna for the month of June 04.
                       Exhibit-D- Deposition of P.W. Surma Devi in Cr.
                       1068/04 T.R. No. 1641/08.
                       Exhibit-D/1 -e.c. of deposition of PW Shobhit
                       Choudhary in Cr. 1068/04, T.R. No. 1641/08.


                  13. On the basis of aforesaid evidences as surfaced

         during the trial, the learned trial court convicted the

         appellant/convict and passed order of sentences in aforesaid

         manner, being aggrieved with, appellant/convict preferred the
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         present appeal.

                  14. Hence the present appeal.

                  Argument on behalf of Appellant/Accused

                  15. Mr. Manoj Kumar Jha, learned counsel appearing

         on behalf of the appellant submitted that learned trial court

         without establishing the foundational aspects of the case qua

         offence punishable under section 304B of the I.P.C., merely

         on the basis of presumption as available under section 113(b)

         of the Indian Evidence Act recorded the judgment of

         conviction qua appellant.

                  16. It is submitted that from the testimony of none of

         the prosecution witnesses, it can be gathered that there was

         any demand of dowry on the part of the appellant soon before

         the death of sister of the informant (PW-10). It is submitted

         that appellant is the married sister-in-law and as she was

         present in her paternal home at the time of occurrence and

         was with her mother (appellant no.1 against whom

         appeal stands abated), she was implicated with the present

         case. It is submitted that as per the testimony of witnesses, it

         can be safely gathered that at the time of occurrence
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         appellant was not available at her house, rather she was in

         the house of neighbour in connection with her bath as no

         bathroom facility was available in her parental house. She

         also came to the place of occurrence on public alarm.

                  17. It is further argued by learned counsel that

         prosecution witnesses suggests that room in which the

         occurrence took place was closed from inside which was

         opened by the crowd gathered after the alarm raised by the

         grandmother-in-law (not an accused) of the deceased,

         suggests prima facie that it is a case of suicide as the victim

         was prevented to meet with her paramour Santosh Kumar

         Jha, who examined as PW-8 during the trial.

                  18. It is submitted that PW-8 is the brother-in-law of

         PW-10 (the informant0 and he also appears interested

         witness. It is submitted that PW-1 and other prosecution

         witnesses are interested witnesses being relative of deceased.

                  19. Arguing further, it is submitted by learned counsel

         that with same set of evidence, the husband and father-in-law

         of the deceased were acquitted by learned trial court believing

         that at the time of occurrence, they were not present at the
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         residence, though PW-7 categorically stated that demand of

         dowry was raised only by father-in-law of the deceased. It is

         submitted that the conviction of appellant was secured only

         for the reason that she being married sister-in-law was

         present in her paternal home, who arrived there just before

         four days of the occurrence.

                  20. In support of his submission, learned counsel for

         the appellant relied upon the legal report of Hon’ble Supreme

         Court as available through Karan Singh V. State of

         Haryana, [2025] 1 S.C.R. 1370: 2025 INSC 133.

                  21. Mrs. Anita Singh, learned Additional Public

         Prosecutor for the State, while opposing the appeal,

         submitted that appellant, who is sister-in-law was present at

         the time of occurrence. It is conceded that witnesses not

         supported the fact that any demand of dowry was raised by

         this appellant. It is also conceded that with same evidence,

         father-in-law and husband of the deceased were acquitted by

         learned trial court.

                  22. I have perused the trial court records carefully

         and gone through the evidences available on record as also
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         considered the rival submissions as canvassed by learned

         counsel appearing on behalf of the parties.

                  23. PW-1 is Bhagya Narayan Choudhary, who is

         maternal uncle of the deceased. It appears from his

         deposition that he was the person who negotiate the marriage

         of the deceased with accused Chandan Jha (who acquitted

         after trial). It was deposed by him that after marriage, the

         deceased went Kolkata with her father-in-law Lal Jha,

         mother-in-law Pramila Jha, husband Chandan Jha and sister-

         in-law Tanu Jha. He also deposed that all the four persons

         demanded dowry. He is the resident of paternal village of the

         appellant/accused. He went to the place of occurrence on

         14.06.2004 on public alarm alongwith co-villagers and found

         that smoke was coming out from the house of Lal Jha

         (accused/father-in-law) and found the gate closed. It was

         deposed that he alongwith other co-villagers pushed the door

         forcibly whereafter it was opened half and they saw the burnt

         body of the deceased sister of the informant. It was deposed

         that on seeing him, appellant alongwith her mother started to

         run away but the villagers after chasing for a short,
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         apprehended them. It is also deposed by him that accused

         persons committed the murder of her niece by putting her on

         fire.

                  23.1. Upon cross-examination, it was deposed by him

         that appellant/accused Pramila Jha (since died) also lodged a

         case against him. The demand of motorcycle was raised at the

         time of Duragman. He stated that on the date of occurrence,

         the co-accused Chandan Jha was not available in the village,

         but the co-accused Lal Jha was available in his village, as he

         saw him in morning of the date of occurrence. It was stated

         that appellant was not apprehended by him rather she was

         apprehended by villagers. Even the gate was opened with the

         help of villagers, it was not broken. He also stated that

         whether it was opened or closed or appellant was

         apprehended before his arrival, he could not say.

                  24. PW-2 is Manoj Kumar Jha and it appears from

         his examination-in-chief that he is a chance witness to the

         occurrence. It was deposed by him that while he was

         returning after attending his doctor and so when he reached

         near to the house of accused Lal Jha, he witnessed that
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         smoke was coming from his house. He shouted and

         thereafter, 10-15 persons/villagers gathered over there. It

         was deposed that thereafter the northern gate was pushed by

         the villagers and he found that the dead body was lying near

         to stairs. The smoke was also coming from the dead body. It

         was the dead body of the wife of accused Chandan Jha

         (husband). It appears from his deposition that he witnessed

         appellant to exit from the room by using the southern gate,

         whereafter, she was apprehended by the villagers. It was

         deposed that he heard about the demand of dowry.

                  24.1. In cross-examination, it was stated by him that

         he witnesses Santosh Kumar Jha (PW-8) in the village on the

         date of occurrence after arrival of the police. It was also

         stated by him that appellant was coming from southern side

         upon alarm and upon arrival at the place of occurrence both of

         them were apprehended and assaulted by co-villagers. This

         statement contradict his own version of examination-in-chief

         that he witnessed appellant to exit from the house by using

         southern gate. His testimony is creating a doubt whether he

         saw the appellant to exit from the house or found them
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         coming towards the house, making the presence of appellant

         doubtful at the place of occurrence.

                  25. PW-3 is Pan Devi, who is also a chance witness

         to the occurrence. She also witnessed that smoke was coming

         from the house of the accused persons, while she was going

         to a local shop for purchasing sugar. She deposed that

         appellant found exit using the other gates and thereafter she

         was apprehended by the villagers.

                  25.1. Upon cross-examination, it was stated by her

         that PW-1 arrived at the place of occurrence after ten minutes

         of the opening the gate. This statement of PW-3 makes the

         statement and presence of PW-1 doubtful at the place of

         occurrence at the time when the door was opened.

                  26. PW-4 is Mahavir Jha, who is the father of the

         deceased and supported the marriage with accused Chandan

         Jha. It was stated by him that his son (PW-10) was told by

         PW-1 that the accused persons are demanding cash of Rs.

         50,000/- and one motorcycle as dowry. He was informed by

         PW-1 on phone about the occurrence on 24.06.2004 at about

         1:30 P.M. It was stated by him that he did not paid any cash
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         at the time of marriage, however, gift was given in form of

         ornaments etc.

                  27. PW-5 is Jagtarni Devi, who is mother of the

         deceased. She deposed regarding the occurrence on the same

         line as PW-4, who is her husband.

                  28. PW-6 is Sudhir Kumar Jha. He is the witness of

         fardbeyan,        who      identified      his      signature   which   upon

         identification was exhibited during the trial as Exhibit -1.

                  29. PW-7 is Vidya Nand Jha, who is a co-villager. It

         was deposed by him in his examination-in-chief that Rs.

         50,000/- and one motorcycle was demanded by father-in-law

         of the deceased. In his cross-examination, it was stated by

         him that there are four accused in this case but when he

         visited the place of occurrence, he saw none of them. This

         testimony of fFPW-7 makes the presence of appellant

         doubtful at place of occurrence again.

                  30. PW-8 is Santosh Kumar Jha, with whom the

         deceased was said to be in illicit relation by the defence side.

         He is the brother-in-law of PW-10 (informant). He identified

         his signature on seizure list, which upon his identification,
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         exhibited as Exhibit ‘2’. He deposed that Mangalsutra of

         deceased was also found burnt during the occurrence, but he

         could not see any burn mark on plastic jar ( dabba). It was

         stated by him that Chandan Jha was present in village but

         after the occurrence he fled away. It was stated that Lal Jha

         was also present in village but after the occurrence he also

         fled away. It appears from his deposition that he was not

         questioned by the defence qua his relation with the deceased,

         making the defence version unbelievable as despite of having

         all opportunity, why not any question was asked on this point

         to PW-8.

                  31. PW-9 is Dr. Jagdish Choudhary, who was

         posted as Medical Officer on 15.02.2004 in Sadar Hospital,

         Madhubani and examined the dead body of Sonu Jha at about

         9.20 A.M. and found following ante-mortem injuries on her

         person:-

                       (i) Superficial to deep burn over scalp, face, neck chest,
                       abdomen, back superior extremist & inferior extremist.
                       Percentage of burn is 99% On dissection rain & mangus
                       congested. Heart Right chamber face of blood & left
                       chamber empty lungs, liver, spleen and kidney congested.
                       Stomach containing it required flied. Intestine containing
                       trickle matter & gase. Urinary bladder empty. Uterus nor
                       graud.
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                       2. Time of death within 24 hours.
                       3. Death was clued to shock cause by thermal burn. This
                       burn can be caused by kerosene oil.
                       4. This postmortem report is my pen and signature and
                       obsuror has also put his signature on P.M. master it as
                       exhibit no.3. XXX
                       5. In cross-examination, he has not mention the small of
                       kerosene oil in his P.M. report.
                       6. If the deceased try to save herself then 99% burn injury
                       can not be occur. 7. It is wrong to say that the postmortem
                       report is collusive one.


                   32. PW-10 is Amrendra Kumar @ Pappu, who is

         the informant/brother of the deceased Soni Jha. It was

         deposed by him that demand was made on phone by the

         accused persons. It also deposed that before four days of the

         occurrence matrimonial family members of his deceased

         sister came to village Chahuta, whereafter he was informed

         by his maternal uncle namely, Bhagya Narayan Choudhary

         (PW-1) that they are now available in village and therefore

         please come to discuss the issue regarding their demands.

         Whereafter he visited village – Chahuta on 13.06.2004 in

         evening and discussed the issue with family members of the

         deceased. It was told by the deceased to him that “bhaiya

         whatever they are demanding, give them, otherwise they may

         kill her”. It was stated by him that when he arrived at
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         Chahuta, the villagers apprehended Pramila Jha (since died),

         whereas Chandan Jha and Lal Jha were fled away. It was

         stated that occurrence was took place in Chahuta village.

                   33. From the testimony of all aforesaid discussed

         witnesses, it transpires that none of the witnesses are the eye

         witness of the actual occurrence, even the chance witnesses

         (PW-2 & PW-3), who are the co-villagers, were not the eye

         witness of the actual occurrence and they arrived at the place

         of occurrence on seeing the smoke coming out from the house

         of the deceased. Upon their arrival, gate was found closed

         which was pushed by the villagers and they saw the dead

         body of the deceased was lying over there in burnt condition.

         Testimony of PW-2 and PW-7 makes the presence of

         appellant at house/place of occurrence at real time of the

         occurrence.

                   34. Testimony of PW-10/informant is appearing more

         important to understand the nature of demand. It appears

         from his testimony that on the preceding day of the

         occurrence, he visited the village Chahuta upon information

         given by PW-1 that matrimonial family members of the
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         deceased are available in village, therefore, to come and

         discuss the issue. PW-1 is the maternal uncle (Mama) of the

         PW-10 and also of the deceased. Upon information, he visited

         there and meet with the family members of the deceased and

         discussed the issues, but it nowhere transpired from his

         testimony that during discussion any demand of dowry was

         ever raised by appellant or other accused persons, rather he

         was told by the deceased only that “whatever their demand

         please give them”.

                   35. Certainly, aforesaid statement of deceased cannot

         be accepted that any demand of dowry was raised on the part

         of appellant soon before the occurrence, therefore, the basic

         foundational aspect that cruelty was committed in connection

         with demand of dowry soon before death not appears

         established in this case as to import the presumption available

         under section 113(b) of the Indian Evidence Act. Though,

         other basic ingredients like death within seven years of the

         marriage or also death due to burn injury appears available in

         this case, but to attract the offence completely, the aforesaid

         essential ingredients qua demand of dowry is missing. With
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         the same set of occurrence, learned trial court acquitted

         father-in-law (Lal Jha) and husband (Chandan Jha) of the

         deceased.

                   36. In this context, it would be apposite to reproduce

         para nos. 3, 6 and 7 of Karan Singh’s case (supra), which

         reads as under:

                      “3. The learned counsel appearing for the appellant has
                      taken us through the notes of evidence of material
                      prosecution witnesses. He submitted that all the
                      allegations made by the witnesses regarding the demand
                      of dowry are omissions. Therefore, there is no legal
                      evidence to show that the appellant demanded dowry.
                      Moreover, there is no evidence that the appellant
                      subjected the deceased to cruelty. Learned counsel relied
                      upon a decision of this court in the case of Charan Singh
                      alias Charanjit Singh v. State of Uttarakhand and
                      submitted that there is no evidence to show that soon
                      before her death, the deceased was subjected to cruelty or
                      harassment by the appellant for or in connection with
                      demand for dowry. He would, therefore, submit that in the
                      absence of legal evidence against the appellant, the Courts
                      ought to have acquitted him.
                      6. The following are the essential ingredients of Section
                      304-B:
                           a) The death of a woman must have been caused by
                           any burns or bodily injury, or must have occurred
                           otherwise than under normal circumstances;
                           b) The death must have been caused within seven
                           years of her marriage;
                           c) Soon before her death, she must have been
                           subjected to cruelty or harassment by the husband or
                           any relative of her husband; and
                           d) Cruelty or harassment must be for, or in
                           connection with, any demand for dowry.
                      7. If the aforesaid four ingredients are established, the
                      death can be called a dowry death, and the husband and/or
                      husband’s relative,as the case may be, shall be deemed to
                      have caused the dowry death. Section 2 of the Dowry
                      Prohibition Act, 1961 provides that dowry means any
                      property or valuable security given or agreed to be given
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                      either directly or indirectly by one party to a marriage to
                      the other party to the marriage or by the parents of either
                      party to a marriage or by any other person, to the other
                      party to the marriage or to any other person. The dowry
                      must be given or agreed to be given at or before or any
                      time after the marriage in connection with the marriage of
                      the said parties. The term valuable security used in Section
                      2 of the Dowry Prohibition Act, 1961 has the same
                      meaning as in Section 30 of IPC”


                  37. It appears that finding of learned trial court is

        perverse particularly in view of the reasons assigned through

        impugned judgment. In this context, it would be apposite to

        reproduce paras 35, 36 & 41 of the impugned judgment

        itself, which are as under:

                     “35. In this case in particular all the five ingredients are
                     present and this is obviously a case of dowry death and the
                     provision laid down under section 113B of the Evidence Act is
                     applicable which reads:-
                         “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.”
                     36. Thus, accused Lal Jha and Chandan Jha are not such
                     persons within the meaning of 113-B of the Evidence Act for
                     they were not present at village Chauhuta on the date of
                     occurrence admittedly. Soni Jha had been at her Naihra for
                     six months prior to the occurrence and when she was brought
                     to village Chauhuta whatever happened is happened only
                     after arrival of accused Parmila Jha and Tannu Jha and in
                     their presence and accordingly, the presumption of causing
                     dowry death is sustainable only against them and rest of the
                     accused persons namely, Lal Jha and Chandan Jha are
                     entitled to acquittal.
                     41. Considered. There is evidence on record that during the
                     occurrence the grandmother-in-law of the deceased was
Patna High Court CR. APP (SJ) No.443 of 2019 dt.18-02-2026
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                     raising alarm from the top of her house on which the people
                     assembled and this aspect of the matter is indicative of the
                     fact that the house inmates were not having intention of
                     killing of the deceased. This has also come on record that the
                     two convicts came runningly to the house after knowing the
                     occurrence and this shows that the convicts had no
                     knowledge of the occurrence as well. Speaking technically,
                     still, all the five ingredients are present against the convicts
                     and considering this aspect of the matter, they have been
                     held guilty. In my view, the minimum prescribed punishment
                     is required in this case and, accordingly, both the convicts are
                     awarded seven years rigorous imprisonment under section
                     304(B)/34 I.P.C. each. They are sent back to District Jail,
                     Madhubani, to serve out the sentence awarded.”


                    38. Aforesaid reasons assigned for conviction of

        appellant by learned trial court categorically suggest that

        conviction was recorded with perverse reasons. Discussing

        essential ingredients of section 304B of the I.P.C., learned

        trial court arrived to conclusion of conviction on the sole

        ground as appellant was present at her parental home during

        the occurrence, which is not the correct position of law.

                    39.      Accordingly, conviction of the appellant, as

        recorded by the learned trial court, is hereby set-aside. The

        impugned judgment of conviction and order of sentence dated

        03.01.2019 and 08.01.2019 passed by the Presiding Officer,

        Fast Track Court No-I, Madhubani in Sessions Trial No. 334 of

        2005/105 of 2018, arising out of Bisfi P.S. Case No.67 of
             Patna High Court CR. APP (SJ) No.443 of 2019 dt.18-02-2026
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                     2004, corresponding to G.R. No. 823 of 2004 is hereby set-

                     aside. Appellant/accused is acquitted of the charges levelled

                     against her.

                                 40. Since the appellant is on bail, she is discharged

                     from her liabilities of respective bail bonds. Sureties stands

                     discharged. Fine, if any paid, be returned to the appellant

                     henceforth.

                                 41. The appeal stands allowed.

                                 42. TCR, if any, be sent back to learned trial court

                     along with the copy of this judgment immediately.


                                                                      (Chandra Shekhar Jha, J)
Rajeev/-
AFR/NAFR                         AFR
CAV DATE                          NA
Uploading Date                26.02.2026
Transmission Date             26.02.2026


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