However, the Supreme Court acquitted the accused for the offence under Section 304B on finding that there was no direct link between the dowry demand and the death. For similar reasons, the appellants were also acquitted of the offences under Sections 3 and 4 of the Dowry Prohibition Act.
Pertinently, the top court convicted the accused for an additional offence of suicide abetment under Section 306 of IPC even though the trial court had not framed any charge under this provision.
“The dying declaration of the deceased would clearly indicate that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by the accused person on account of which she committed suicide … In that view of the matter, we are of the considered opinion that accused persons are liable to be convicted for the offence punishable under Section 306 IPC though charge was not framed,” the Court said.
Source: Barandbench
