High Court Punjab-Haryana High Court

Sohan Singh And Others vs State Of Punjab on 21 August, 2008

Punjab-Haryana High Court
Sohan Singh And Others vs State Of Punjab on 21 August, 2008
Criminal Appeal No.800 SB of 1996                       { 1 }

      In the High Court of Punjab and Haryana at Chandigarh

                           Criminal Appeal No.800 SB of 1996
                           Date of decision: 21.8.2008


Sohan Singh and others

                                              ......Appellants
                      Versus

State of Punjab
                                               .......Respondent

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:   Mr.T.S.Sangha, Sr.Advocate with
           Mr.H.S.Sangha, Advocate,
           for the appellants.

           Mr.T.S.Salana, D.A.G. Punjab.
                ****

JUDGMENT

SABINA, J.

Prosecution case was set in motion on the basis of the

statement of complainant Surjit Singh, who is father of deceased

Jasbir Kaur. As per the complainant, his daughter Jasbir Kaur was

married to Sohan Singh about two years prior to the occurrence.

After two months of marriage, when he had gone to visit his daughter

in her matrimonial home, Sohan Singh, husband, Karnail Kaur,

mother-in-law and Dalip Singh, father-in-law of Jasbir Kaur told him

that he had not honoured their relatives and nothing had been given

to their son at the time of engagement. The complainant told them

that he had done as per his capacity. On this account, they used to

harass his daughter on one pretext or the other. After one year, he

convened the meeting of the family members of in-laws of his

daughter and asked them as to why they were harassing her and told
Criminal Appeal No.800 SB of 1996 { 2 }

them that he would satisfy their minor demands. The matter was

compromised without giving anything. Dalip Singh told his relations

that he had been given a gold ring of light weight and they were not

satisfied. Sohan Singh also demanded more dowry. The accused

wanted to get rid of his daughter. In the morning of 20.10.1993, he

had come to know that his daughter had died. He believed that his

daughter had been murdered by her in-laws.

On the basis of the statement of the complainant formal

FIR No.74 dated 20.10.1993 was registered by the police of Police

Station Malerkotla.

After completion of investigation and necessary

formalities, accused were sent up for trial. Charge against them was

framed under Section 304-B/34 and 498-A IPC on 29.3.1994.

Accused did not plead guilty and claimed trial.

The material witnesses examined by the prosecution to

prove its case at the trial were Surjit Singh (PW-1), Jagdish Singh

(PW-2), Dr.Gurpal Singh (PW-3) and SI Swaran Singh (PW-6). After

the close of prosecution evidence, accused when examined under

Section 313 Cr.P.C., prayed that they were innocent and had been

falsely involved in this case. Accused Sohan Singh pleaded that he

was not present in the house on the alleged day of occurrence.

Accused Karnail Kaur and Dalip Singh pleaded that Jasbir Kaur was

pregnant by three months and was under treatment due to illness.

She had died on account of her illness. The accused examined

Darshan Singh (DW-1), Davinder Singh (DW-2), Gurcharan Singh

(DW-3), Mehar Singh (DW-4) and Chet Singh (DW-5) in their

defence evidence.

Criminal Appeal No.800 SB of 1996 { 3 }

Learned trial Judge believed the prosecution version and

convicted all the accused under Section 304-B read with Section 34

IPC and sentenced them to undergo rigorous imprisonment for seven

years and a fine of Rs.3,000/- each. The accused were also

convicted under Section 498-A IPC and were sentenced to undergo

rigorous imprisonment for one year. Both the sentences were

ordered to run concurrently. Hence, the present appeal.

In appeal, learned counsel for the appellants has

submitted that the complainant was a poor person and was drawing

a salary of about Rs.1,400/- per month. He had three children to

maintain including the deceased. As such, he could not give much

dowry nor any dowry was demanded at the time of marriage. Vague

allegations of demand of dowry had been levelled against the

accused by the complainant which had no basis.

Learned State counsel, on the other hand, has argued

that the deceased had died in the house of her in-laws within seven

years of her marriage. It was a case of death by poisoning. The

accused had been harassing her on account of demand of dowry and

due to this reason she had consumed poison.

In order to admit the ingredients of Section 304-B IPC,

the prosecution has to prove the following facts:-

” 1. that the death of the woman took place due to burns

or the bodily injuries or otherwise than under normal

circumstances.

2. that such death had occurred within seven years of

her marriage.

3. the victim was subjected to cruelty or harassment by
Criminal Appeal No.800 SB of 1996 { 4 }

her husband or any relative of her husband and such

cruelty or harassment should be for or in connection with

demand of dowry.”

Admittedly, Jasbir Kaur, daughter of the complainant

Surjit Singh, was married to Sohan Singh about two years prior to the

occurrence. She died in the house of her in-laws.

Dr.Gurpal Singh (PW-3) had conducted the post mortem

examination on the dead body of Jasbir Kaur on 21.10.1993. In his

opinion the cause of death was due to an organo phosphorus group

of insecticide. The said opinion was given by the doctor after receipt

of report of Chemical Examiner. Thus, Jasbir Kaur had died under

unnatural circumstances within seven years of her marriage.

The next question that requires consideration is as to

whether it was a dowry death or it was just a case of suicide.

When a women marries, she goes to the house of her in

laws with some hope that she would get financial, physical and

mental security over there. From the cross examination of PW-1 it is

evident that the deceased was having a young daughter and it was

highly unlikely that she would have committed suicide leaving behind

her one year old daughter to fend for herself. She must have been

forced to take such an extreme step of taking her own life by the

circumstances surrounding her. She must have been subjected to

such maltreatment or harassment which forced her to take her own

life leaving behind her minor daughter. Foolproof evidence from the

prosecution in such like cases is a remote possibility. The relations

of the deceased are the best witnesses as they are supposed to

know about the state of affairs going on in the house of the
Criminal Appeal No.800 SB of 1996 { 5 }

deceased. Parents of a bride in natural course of affairs know as to

whether their daughter is leading a happy married life or not.

Whenever a demand of dowry is made, the bride has to get the same

satisfied from her parents or relatives. Naturally such persons are

bound to know about the demand besides the bride herself. The fact

that after death of the bride, the relations between two families are

bound to become strained, cannot be lost sight of . The statements

of the relations have, thus, to be acted upon with due care and

caution.

The complainant, while appearing in the witness box as

PW-1, has deposed with regard to harassment meted out to the

deceased by the accused on account of insufficient dowry. In the FIR

the complainant has stated that when he went to the matrimonial

house of his daughter after two months of her marriage all the

accused told him that he had not honoured their relations.

Thereafter, a meeting of the relations of the accused was convened

after one year, where the matter was compromised and nothing was

given by the complainant. There is no specific allegation regarding

any demand of dowry made by accused Karnail Kaur. The

complainant, however, while appearing in the witness box, has

deposed that Karnail Kaur was also saying that ring given to her was

of light weight and dowry was insufficient. However, the said fact is

not mentioned initially in the FIR. Moreover, any demand of dowry or

harassment meted out to the deceased by her is not corroborated by

Jagdish Singh (PW-2). As such, accused Karnail Kaur is entitled to

be acquitted by giving her benefit of doubt as there is no specific

allegation against her regarding demand of dowry.

Criminal Appeal No.800 SB of 1996 { 6 }

So far as accused Sohan Singh and Dalip Singh are

concerned there are specific allegations against them that they were

not satisfied with the dowry articles. Even after the matter was

compromised/settled in a meeting convened by the relatives, Dalip

Singh complained that his ring was of light weight. Sohan Singh also

demanded more dowry. Due to this reason both the said accused

had been harassing Jasbir Kaur. The statement of the complainant

with regard to demand of dowry and harassment meted out to the

deceased by accused Sohan Singh and Dalip Singh is duly

corroborated by Jagdish Singh (PW-2), who is a member Panchayat

of Village Nathumajra. Mehar Singh(DW-4) and Chet Singh (DW-5)

have failed to rebut their testimony regarding demand of dowry.

The witnesses examined by the accused in their defence

failed to advance their case. Darshan Singh(DW-1) and Gurcharan

Singh (DW-3) have been examined with a view to establish that

accused Sohan Singh was not present in his house at the time of

occurrence. Since the deceased had consumed poison to end her

life, the fact as to whether accused was present in the house or not

loses its significance.

No reliance can be placed on the statement of Davinder

Singh (DW-2) as the record produced by him was having cutting on

the date and there was no seal of the hospital on the record nor of

medical officer.

As per Section 113-B of the Indian Evidence Act, when

the question is whether a person has committed dowry death of a

woman and it is shown that soon before her death, such woman was

subjected by such person to cruelty or harassment for, or in
Criminal Appeal No.800 SB of 1996 { 7 }

connection with, any demand for dowry, the Court shall presume that

such person had caused the dowry death.

Unfortunately, in this case, Jasbir Kaur consumed poison

being fed up of harassment meted out to her by the accused Dalip

Singh and Sohan Singh on account of insufficient dowry. All the

ingredients, which are required to be proved by the prosecution to

bring the offence within the purview of Section 304-B and 498-A IPC

are fully established.

Accordingly, the conviction and sentence of accused

Sohan Singh and Dalip Singh under Section 304-B/34 and 498A IPC

are maintained and this appeal qua them is dismissed. So far as

accused Karnail Kaur is concerned, the appeal qua her is allowed

and she is acquitted of the charge framed against her.

(SABINA)
JUDGE

August 21, 2008
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