2004 INSC 0841
                                    SUPREME COURT OF INDIA

                                                Sushil Kumar

                                                      Vs.

                                              State of Haryana

                                           Crl.A.No.316 of 2004

                                  (B. N. Agarwal and H. K. Sema JJ.)

                                                 10.08.2004

                                                   ORDER

1. Heard the parties.

2. The sole appellant along with other two accused persons was tried and by judgment
rendered by trial Court while other two accused persons were acquitted, the appellant was
convicted under Section 304B and Section 498A of the Penal code and sentenced to undergo
rigorous imprisonment for a period of seven years and one year respectively. Both the
sentences were, however, ordered to run concurrently. Against the order of acquittal, no
appeal was preferred by the State of Haryana whereas appeal preferred by the appellant has
been dismissed and his convictions have been upheld by the High court of Punjab &
Haryana. Hence, this appeal by special leave.

3. Learned counsel appearing on behalf of the appellant submitted that on the facts alleged
and proved, no offence under Section 304B of the Penal Code is made out as there is no
evidence, whatsoever, to show that the woman was subjected to cruelty or harassment soon
before her death which is a condition precedent for commission of offence under Section
304B. So far as conviction of the appellant under Section 498A is concerned, it has been
submitted that there is no evidence to show that the victim was harassed with a view to
coercing her or coercing any other person related to her to meet any unlawful demand for any
property or valuable security or is on account of failure by her or any person related to her to
meet such demand. In the absence of any evidence to show that the victim was subjected to
cruelty or harassment soon before the death, no offence under Section 304B of the Penal
Code is made out. Similarly, there being absolutely no evidence of coercion, the conviction
under Section 498A of the Penal Code becomes unwarranted. # For the foregoing reasons,
we are of the view that the prosecution has failed to prove its case beyond reasonable doubts
and the High Court was not justified in upholding convictions of the appellant.

4. Accordingly, appeal is allowed, convictions and sentences of the appellant are set aside
and he is acquitted of the charges. The appellant who is in custody, is directed to be released
forthwith, if not required in connection with any other case.

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