High Court Punjab-Haryana High Court

Tarlochan Singh & Others vs State Of Punjab on 18 July, 2008

Punjab-Haryana High Court
Tarlochan Singh & Others vs State Of Punjab on 18 July, 2008
CRA No.326-DB of 1998                                1




IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH.
                       Crl. Appeal No.326-DB of 1998
                       Date of decision: 18.7.2008

Tarlochan Singh & others                           ... Appellants

                        Versus

State of Punjab                                    ...Respondent

CORAM:      HON'BLE MR. JUSTICE UMA NATH SINGH
            HON'BLE MR. JUSTICE RAJAN GUPTA

Present:    Mr. Vinod Ghai, Advocate,
            for the appellants.

            Ms. Gurveen H. Singh, Addl. A.G. Punjab.

Rajan Gupta, J.

Gurbachan Singh, his wife Agya Kaur, their sons Mohinder

Singh and Tarlochan Singh and their daughter-in-law Harjinder Kaur

were convicted and sentenced by the court of Additional Sessions Judge,

Ludhiana for offence under Sections 498-A and 304-B of the Indian

Penal Code (for short “IPC”). Gurbachan Singh and Agya Kaur were

sentenced to seven years rigorous imprisonment for offence under

Section 304-B IPC and for three years rigorous imprisonment for offence

under Section 498-A IPC and fine of Rs.2000/- each. Other accused i.e.

Mohinder Singh, Tarlochan Singh and Harjinder Kaur were sentenced to

life imprisonment for offence under Section 304-B IPC and three years

rigorous imprisonment for offence under Section 498-A IPC and fine of

Rs.2000/- each, in default whereof RI for another three months.

Gurbachan Singh and Agya Kaur have filed Crl. Appeal
CRA No.326-DB of 1998 2

No.560-SB of 1998. However, Mohinder Singh, Tarlochan Singh and

Harjinder Kaur have preferred a separate appeal i.e. Crl. Appeal No.326-

DB of 1998. Both the appeals are being taken up together by this court

for disposal as they emanate from the same judgment of conviction and

order of sentence, delivered by the Additional Sessions Judge, Ludhiana

on 15.6.1998.

More than one year after the marriage i.e. on 6.12.1996,

Jasbir Kaur had to be admitted in CMC Hospital, Ludhiana with 95%

burns. On receiving a telephonic message, the police reached the

hospital. Father of the deceased i.e. Mehtab Singh was present there.

His statement was recorded by the police. Mehtab Singh made a detailed

statement wherein he inter alia mentioned that his daughter was

maltreated due to demand of dowry. This is despite the fact that he had

spent sufficient amount at the time of marriage. Yet demands for cash,

furniture, refrigerator, sofa-set, colour TV. etc. continued. His daughter

had been telling him about all these demands, some of which was met by

him from time to time. Mehtab Singh and his wife had last gone to the

house of in-laws of deceased Jasbir Kaur on 1st December, 1996 when

again a demand for refrigerator and sofa-set was made. However, they

expressed their inability to meet this demand due to financial constraints.

Thereafter, on 6th December, 1996 at 3.00 P.M. when Mehtab Singh was

in his office on duty, his son Tarminder Singh informed that Mohinder

Singh, brother-in-law of the deceased had come and told that Jasbir Kaur
CRA No.326-DB of 1998 3

was admitted in the hospital in burnt condition. Immediately thereafter,

Mehtab Singh along with his wife had reached the hospital and found

deceased Jasbir Kaur lying in the hospital badly burnt. The entire

statement of Mehtab Singh is on record as Ex.PB. The police thereafter

started investigation and came to the conclusion that all the accused were

guilty of offences under Sections 498-A and 304-B IPC. The charge

was, thus, laid under these Sections. The case was committed to the

Sessions Court for trial on 11.4.1997.

The accused were charge-sheeted. They, however, pleaded

not guilty and claimed trial.

The prosecution examined ten witnesses to prove their case.

The defence, on the other hand, examined four witnesses.

After recording the evidence and conclusion of trial, the trial

Court came to the conclusion that all the accused were guilty of offences

under Sections 498-A and 304-B IPC and awarded them sentences, as

mentioned in the opening paragraph. The said judgment convicting the

accused and sentencing them for offences under Sections 498-A & 304-B

IPC has been assailed by the learned counsel for the appellants on

various grounds.

The Additional Advocate General, Punjab has, however,

contended that the accused have been rightly convicted by the trial Court.

We have heard learned counsel for the parties and perused

the evidence on record.

CRA No.326-DB of 1998 4

Learned counsel for the appellants has mainly stressed that

the question of demand of dowry did not arise as it had come on record

that the girl being very beautiful, the accused had brought her in one

‘Chuni’ only and no dowry was demanded. Moreover, there was nothing

on record to show that the deceased ever complained regarding demand

of dowry. According to the counsel, even on the date of occurrence, she

was taken to the hospital by Mohinder Singh, elder brother of her

husband.

Apart from this, the learned counsel has argued that

Mohinder Singh and his wife Harjinder Kaur were living separately and

there was no question of their involvement in this entire case. He has

referred particularly to Ex.D1 in this regard i.e. the application for

admission of his son Navjot Singh in Golden Public School Society,

Jamalpur, Ludhiana, wherein address is given as “C-7, Labour Colony,

Jamalpur, Ludhiana”. He has also contended that a perusal of the

statement of Investigating Officer would also show that the residence of

Mohinder Singh and Harjinder Kaur was separate from that of Tarlochan

Singh. This apart, there was no specific allegation in the FIR against the

elder brother and sister-in-law i.e. Mohinder Singh and Harjinder Kaur.

Learned counsel for the appellants has contended that

ingredients of Section 304-B IPC were not made out and as there was

nothing on record to show that the deceased was harassed due to demand

of dowry. Learned counsel has also argued that Jasbir Kaur was, in fact,
CRA No.326-DB of 1998 5

under depression due to the death of Manmohan Singh, another son of

Gurbachan Singh as she had a liking for him.

Learned Additional Advocate General, on the other hand,

has contended that the statement of Mehtab Singh PW2 clearly shows

that there were demands of dowry by the accused and the deceased was

being continuously harassed due to that reason. Learned State counsel

also submitted that the deceased Jasbir Kaur had died an unnatural death

within seven years of marriage and thus Section 304-B IPC was clearly

attracted. According to the learned State counsel, there was sufficient

evidence on record to show that the accused were guilty of offences

under Sections 304-B and 498-A IPC. They had, thus, been rightly

convicted by the trial Court.

We have seen the statement of Mehtab Singh PW2. He has

narrated at length the entire story regarding marriage of his daughter to

Tarlochan Singh and later on her harassment at the hands of her in-laws.

He has also furnished a list of dowry articles, which is Ex. PD. He also

produced some receipts of purchase of certain articles given to his

daughter on demand of the dowry. These receipts are exhibited on

record.

This witness was cross-examined by the defence and a

suggestion was put to him regarding his daughter being in depression due

to the death of Manmohan Singh, the other son of Gurbachan Singh.

However, he denied this suggestion. He was also asked whether Agya
CRA No.326-DB of 1998 6

Kaur, mother-in-law of the deceased lived separately from Tarlochan

Singh. This suggestion was also denied by him. Another question was

put to him whether elder brother of Tarlochan Singh, namely Mohinder

Singh lived separately. To this, this witness replied that after the

occurrence (death of his daughter), Mohinder Singh had started living

separately. He had shifted to Labour Colony, Jamalpur, Ludhiana after

the episode.

Mehtab Singh PW2 also tendered in evidence a letter written

by his daughter Jasbir Kaur, since deceased, on 5th June, 2005 Ex. PE.

The said letter is being reproduced hereunder. Though the translation of

the same may not be entirely grammatically correct, yet it is being

reproduced as available on record:-

               "Dear Daidy and Mammi Ji and Baba Ji          5-6-05
               Sat-Sri-Kal.

                     We all are quite well, and we expect you welfare

always from god. I further request that what Sute you have
sewn of my mother-in-law. Her neck is to be lengthened
from 1″ or 1½”. The Assan of salwar is to be lengthened 14
or 14½. Daidy Ji I further request that what you require to
send me, you should send me after checking properly. You
should send me Bed, Dressing table and the Sofa with a
table. You should also send me all the remaining utensils
together. Daidy Ji incomplete and a little goods are not in
proper tune in taking or in giving. One thing more the stand
of the cooler must be 2¼” long. Now you should not send
any utensils of brass. Daidy Ji you must give me one new
CRA No.326-DB of 1998 7

prant of the brass. The prant which you sent that is old and
that is also stained. Now you should me send the goods new
after being checked. The utensils and the goods which you
are required to send I am sending you in writing as under:-

1.Prant of brass, 2. Patila Steel and aluminium big, 3.Balti of
steel, Chakla-Velna of Steel, Karahi of 3 or 4 Kilos of
aluminum, 4. Fry-Pin (non-stick), Six Thal of Steel and six
tumbler, and six plates Rice-Tray, Tawa, Chah-Poni (Steel)
Cooker for preparing tea. Two pressure cookers (5 liters), 6.
Cups of Bone China, One serving Tray, One Jug and two
laddles, one tiffen big of three dabbas. One big Dolu, two
paltas, 3. Serving Dongas and steel dongas, service spoon,
Nimbu crasher of silver One set biscuite of container, All
these articles may be sent at one time, it is my request to
you. Daidy Ji possible you must send a washing machine,
but nothing more Daidy Ji, all is well. I am closing my
letter. This goods may become late, but it should come
collectively. Daidy Ji washing machine should of Samrat.

Yours daughter,
Jasbir Kaur Arora.”

We have also perused vernacular version of this letter

written on 5.6.2005. Contents of this letter very clearly show that Jasbir

Kaur was under stress due to demand of dowry from her in-laws and she

had been beseeching her father to meet these demands.

This apart, another witness Harjit Singh PW4, who was the

mediator at the time of marriage between Tarlochan Singh and Jasbir

Kaur, also stepped into the witness-box. This witness clearly stated that

on 2.5.1995, father-in-law of the deceased had complained to him that
CRA No.326-DB of 1998 8

Mehtab Singh, father of the deceased, had not given dowry as per their

standards and that he had many offers from well placed families for

marrying his son, which he had declined and settled for daughter of

Mehtab Singh. He had shown his dissatisfaction to PW4, the mediator.

This witness again met father-in-law of the deceased on 2.6.1995, who

again complained about the same issue. However, this witness assured

him that their demands would be met. Later on, this witness, namely

Harjit Singh prevailed upon Mehtab Singh to give more dowry articles

from time to time. This witness had also met Jasbir Kaur, who had

requested him to send her brother Tarminder Singh to meet her. She had

also delivered a letter through this witness. Harjit Singh also deposed

that in October, 1995, there was dispute among the parties over the

dowry articles and the accused had beaten Jasbir Kaur.

On certain aspects of his deposition, the prosecution

requested the trial Court to allow it to cross-examine this witness (Harjit

Singh) PW4, which request was accepted and this witness was cross-

examined by the prosecution. In cross-examination, he admitted the fact

that deceased Jasbir Kaur had told him that her in-laws had demanded

various articles such as TV, refrigerator etc. and also that she was being

humiliated and harassed.

The evidence of other witnesses have also been perused by us.

PW1 has proved a bill regarding sale of a music deck to Mehtab Singh.

The said bill is Ex. PA. PW3 has also proved sale of certain articles to
CRA No.326-DB of 1998 9

Mehtab Singh such as trunks etc. The bills are also exhibited. Another

witness has deposed regarding sale of certain clothes to Mehtab Singh.

Bills in that respect have also been exhibited. PW5 Elisheb Sharma has

deposed regarding the admission of Jasbir Kaur on 6th December, 1996 in

CMC Hospital, Ludhiana at 2.25 P.M. PW6 Mohd. Yamin has stepped

into the witness-box and deposed regarding sale of certain ornaments to

Mehtab Singh. He has proved a bill, which is Ex.PW6/A, regarding sale

of golden ornaments weighing about 45.620 grams. PW7 Baljit Singh,

who owns a furniture shop, has shown sale of certain furniture to Mehtab

Singh on 21.7.1995, vide bill Ex.PW7/A. PW8 Harminder Singh

Draftsman prepared the site plan Ex. PW8/A. PW9 is the doctor who

conducted the postmortem examination on the dead-body of Jasbir Kaur

on 7.12.1996 and found 95% burns on her body. This witness described

the injuries on the dead-body in detail. PW10 is Wariam Singh ASI, who

conducted the investigation. He has deposed regarding the investigation

and fully supported the prosecution case. He has also shown certain

recoveries of dowry articles, all of which have been exhibited. This

witness also stated that Mohinder Singh and Harjinder Kaur were not

traced for quite some time and were declared proclaimed offenders by

Chief Judicial Magistrate, Ludhiana. However, later on they were found

and their police remand was obtained. Mohinder Singh later made a

disclosure statement regarding some golden ornaments and a ring. His

statement was recorded as PW10/K, on the basis of which recovery of
CRA No.326-DB of 1998 10

these articles was effected. The articles were taken into possession vide

recovery memo Ex.PW10/L. A similar disclosure statement was made by

Harjinder Kaur regarding a locket, clothes and utensils, which were

concealed by her. These articles were recovered vide memo Ex.PW10/M

and taken into possession. The site plan in this respect was also drawn

vide Ex.PW10/O. All these articles were identified by Mehtab Singh.

This witness was cross-examined by the defence but nothing substantial

could be elicited.

The defence examined DW1 Principal of Golden Public

School, Ludhiana in order to prove that Mohinder Singh was living

separately i.e. in Labour Colony, Jamalpur, Ludhiana. However, except

Ex.D1, the Principal did not bring any other documents i.e. register of

admission etc. to support her deposition. On the other hand, she admitted

that Ex.D1 was not filled up in her presence. She even admitted that

Ex.D1 was not even signed by her or any other official of the school and

on the form Ex.D1 there was no order passed to admit the child in the

said school. Another witness DW2 stepped into the witness-box and

deposed that Mohinder Singh lived about 1 K.M. away from the house of

Tarlochan Singh, in Labour Colony. However, this witness did not know

where Tarlochan Singh lived. He was not able to specify the street or the

house number. He further stated that he had never visited the house of

Tarlochan Singh or Mohinder Singh. Another defence witness is DW3,

who is father-in-law of Mohinder Singh accused. This witness stated
CRA No.326-DB of 1998 11

that Jasbir Kaur remained in depression after death of Manmohan Singh

and she had committed suicide. In his cross-examination, however, this

witness stated that he was not present when Jasbir Kaur allegedly

committed suicide. This witness also stated that he had made

representation to higher authorities regarding false implication of the

accused. However, this witness was not able to produce any such

application or receipt in that regard. Another witness DW4 is Girdhari

Lal, who used to work with Tarlochan Singh on his embroidery shop.

This witness only stated that he had been working at the shop for last

about five years and he had seen Manmohan Singh brother of Tarlochan

Singh committing suicide by taking some pills. This witness did not

know the nature of the pills and stated that neither any inquiry nor a

postmortem was conducted on the body of Manmohan Singh.

After going through the entire evidence on record, we are of

the view that the accused have been rightly convicted under Section

498-A and 304-B IPC. As regards the contention of the counsel for the

appellants that there was no demand of dowry and the girl was brought in

one ‘Chuni’, the same does not impress us. Sufficient evidence has come

on record in the shape of evidence of Mehtab Singh PW2 and other

witnesses, which shows that not only there was demand of dowry from

the in-laws of Jasbir Kaur but she was also harassed for the same. The

letter Ex. PE, reproduced above, coupled with other evidence on record,

goes to show that Jasbir Kaur was under constant pressure for more
CRA No.326-DB of 1998 12

dowry and she was being continuously harassed for the same by the

accused.

As regards the contention of learned counsel for the

appellants that Mohinder Singh, elder brother of Tarlochan Singh, and

his wife were living separately, we are not convinced. The reliance

basically is on Ex.D1, which is the application for admission of Navjot

Singh son of Mohinder Singh in Golden Public School Society,

Jamalpur, Ludhiana. The Principal, who stepped into the witness-box to

prove this document, was not able to depose anything, which would

inspire confidence. In fact, she stated that she had not brought any other

record to prove the admission form, neither the same had been signed by

her nor by any other official of the School. Thus, this type of weak

evidence, would not go to prove that Mohinder Singh and his wife were

separate in residence and mess from the other accused. In fact, PW2 in

his cross-examination stated that Mohinder Singh had started living

separately only after the occurrence had taken place. This statement of

Mehtab Singh appears to be correct as the defence did not produce any

concrete evidence such as ration-card, telephone bill, electricity bill or

any other document to show that Mohinder Singh and his wife were

living separately from Tarlochan Singh and other co-accused. Had that

been the case, some concrete evidence would definitely have been

available to prove the factum of separate residence of Mohinder Singh

along with his wife.

CRA No.326-DB of 1998 13

The defence witnesses produced i.e. DW1 to DW4 miserably

failed to prove the factum of separate residence of Mohinder Singh and

his wife.

It may be noticed that all the accused are closely related and

PW2 Mehtab Singh has clearly deposed that all of them had been making

demands for more dowry. The version put forward regarding separate

residence of Mohinder Singh and his wife is not believable from the facts

of the case and the evidence on record. The same, therefore, deserves to

be rejected.

As regards the role of Mohinder Singh in the entire episode,

his name figures again and again at various places and even certain

recoveries of dowry articles were made from him and his wife. Thus, it

is not possible for this Court to hold that Mohinder Singh and his wife

Harjinder Kaur were living separately and had no role to play in the

crime.

As regards the role of the rest of the accused, the same has

been proved beyond doubt as we have already arrived at a conclusion

that Jasbir Kaur was being continuously harassed for dowry and she had

died an unnatural death within seven years of her marriage to Tarlochan

Singh. The evidence of Mehtab Singh, father of Jasbir Singh, has been

corroborated by other prosecution witnesses such as the mediator PW4,

the Investigating Officer PW10 and the other prosecution witnesses, who

proved various bills by which various dowry articles were bought.
CRA No.326-DB of 1998 14

The accused Gurbachan Singh and Agya Kaur i.e. parents of

Tarlochan Singh, have preferred a separate appeal i.e. Crl. Appeal

No.560-SB of 1998. However, we have been informed that Gurbachan

Singh has expired. Therefore, appeal qua him stands abated. As regards

Agya Kaur, since we have already arrived at a conclusion that all the

accused are closely related and were guilty of harassing Jasbir Kaur

resulting in her death within seven years of her marriage to Tarlochan

Singh, the conviction of Agya Kaur is maintained.

We are, therefore, of the confirmed view that no interference

is called for in the impugned judgment as regards conviction of the

accused under Sections 498-A and 304-B IPC.

However, learned counsel for the appellants has vehemently

argued that the sentence of life imprisonment imposed upon accused

Tarlochan Singh, Mohinder Singh and Harjinder Kaur is very harsh. The

evidence was of such a nature where the possibility of the deceased

setting herself on fire could not be ruled out. The counsel argued that on

the question of sentence, a lenient view be taken as Section 304-B

provides for a minimum sentence of seven years and in the facts and

circumstances of the case, there being a possibility that Jasbir Kaur had

set herself on fire, the minimum sentence provided in the said Section be

awarded. This argument of the counsel is acceptable in the entire facts

and circumstances of the case and we modify the order of sentence and

reduce it to seven years.

CRA No.326-DB of 1998 15

Thus, judgment of conviction is confirmed. Sentence of

appellants Tarlochan Singh, Mohinder Singh and Harjinder Kaur is

reduced to seven years. Rest of the sentences to remain intact.

    (UMA NATH SINGH)                              (RAJAN GUPTA)
           JUDGE                                       JUDGE

July 18, 2008
'rajpal'