Crl. Revision No. 1342 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 1342 of 2009 Date of decision:- 16.09.2011 Gholi Ram ....Petitioner Vs. Neela Ram alias Satpal and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL Present:- Mr. Prashant Bansal, Advocate, for the petitioner. Mr. Anil Shukla, Advocate, for respondent Nos. 1 to 6. Mr. Baljinder Singh Sra, Addl. A.G., Punjab. ***** A.N. JINDAL, J (ORAL) Assailed in this petition is the judgment dated 20.01.2009 passed by the Sessions Judge, Fatehgarh Sahib, acquitting the accused-respondent Nos. 1 to 6 (hereinafter referred as 'the accused') of the charge framed against them under Section 304-B and 406 IPC, for allegedly causing death of Kato. The facts, as culled out from the record, are that Gholi Ram complainant-petitioner (hereinafter referred to as 'the petitioner'), father of Kato got recorded his statement on 23.10.2006 regarding the death of his daughter Kato. He sought that her postmortem examination be conducted in order to know Crl. Revision No. 1342 of 2009 2 about the cause of her death. However, on 24.01.2007, he levelled allegations against the accused that they were demanding dowry in the shape of motorcycle and have been harassing his daughter on that account. Having fed up with the behaviour and harassment given to her by them, she had committed suicide. The trial resulted into acquittal, which has been challenged by the petitioner-complainant. As a matter of fact, the prosecution has failed to bring home the charge against the accused persons. The first information given by the complainant by way of his statement Ex.PB does not indicate, if the accused were demanding any dowry and thereby, harassing her. The accused are 'Bazigars' by Caste, they having hailed from poor strata, do not recognize the custom of dowry. In any case, it has come in evidence that the complainant himself is a rickshaw puller. Therefore, the accused could not expect from him that he would provide a motorcycle to them. The story of dowry death suddenly cropped up after three months of the death when Gholi Ram had improved his version. As such, on the basis of this concocted and after thought version, the accused could not be convicted. The trial Court has rightly recorded the fact that the prosecution has failed to prove that Kato had died as a result of harassment given by the accused on account of demand of dowry. Resultantly, finding no merit in the petition, the same is hereby dismissed. (A.N.JINDAL) 16.09.2011 JUDGE ajp