{"id":109115,"date":"2009-03-03T00:00:00","date_gmt":"2009-03-02T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ranjit-singh-vs-state-of-punjab-on-3-march-2009"},"modified":"2016-08-04T02:14:28","modified_gmt":"2016-08-03T20:44:28","slug":"ranjit-singh-vs-state-of-punjab-on-3-march-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ranjit-singh-vs-state-of-punjab-on-3-march-2009","title":{"rendered":"Ranjit Singh vs State Of Punjab on 3 March, 2009"},"content":{"rendered":"<div class=\"docsource_main\">Punjab-Haryana High Court<\/div>\n<div class=\"doc_title\">Ranjit Singh vs State Of Punjab on 3 March, 2009<\/div>\n<pre>                         Crl. Appeal No. 411-DB of 2004                1\n\n\n\n\nIN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.\n\n\n                         Case No. : Crl. Appeal No. 411-DB of 2004\n                         Date of Decision : March 03, 2009\n\n\n             Ranjit Singh                          ....   Appellant\n                         Vs.\n             State of Punjab                       ....   Respondent<\/pre>\n<p>CORAM : HON&#8217;BLE MR. JUSTICE MEHTAB SINGH GILL<\/p>\n<p>            HON&#8217;BLE MR. JUSTICE L. N. MITTAL<\/p>\n<p>                         *     *   *<\/p>\n<p>Present :   Ms. Gursharn K. Mann, Advocate<br \/>\n            for the appellant.\n<\/p>\n<p>            Mr. S. S. Gill, Addl. A. G., Punjab.\n<\/p>\n<pre>                         *     *   *\n\nL. N. MITTAL, J. :\n\n<\/pre>\n<p>            By way of instant appeal, Ranjit Singh has assailed judgment<br \/>\nand order dated 06.01.2004 of learned Additional Sessions Judge (Adhoc),<br \/>\nAmritsar, whereby the appellant stands convicted under Section 304-B of<br \/>\nthe Indian Penal Code (in short &#8211; the IPC) and sentenced to undergo life<br \/>\nimprisonment and to pay fine of Rs.5,000\/- and in default thereof, to<br \/>\nundergo rigorous imprisonment for six months, whereas appellant&#8217;s parents<br \/>\nSwaran Singh and Harjinder Kaur, who were also tried along with the<br \/>\nappellant, were acquitted of the said charge.\n<\/p>\n<p><span class=\"hidden_text\">                             Crl. Appeal No. 411-DB of 2004                2<\/span><\/p>\n<p>                Prosecution case, in brief, may be narrated as under :-<br \/>\n                Harjit Singh complainant, resident of Village Bal Kalan made<br \/>\nstatement Ex.P-B to SI Harbhajan Singh on 06.02.2001 at 07:30 P.M. in the<br \/>\narea of Village Udhonangal. It was stated that complainant&#8217;s youngest sister<br \/>\nManjit Kaur aged 18-19 years was married with Ranjit Singh appellant<br \/>\nabout five months before the occurrence. Customary dowry was given in<br \/>\nthe marriage, but her in-laws used to taunt her for bringing less dowry and<br \/>\nused to remark that they would allow her to settle in the matrimonial home<br \/>\nonly when she would bring more dowry from her parents. On 06.02.001, at<br \/>\nabout 06:00 P.M., complainant Harjit Singh and his mother Dharam Kaur<br \/>\nwent to the house of the appellant situated in the fields in Village<br \/>\nUdhonangal to meet Manjit Kaur. They saw that the appellant and his<br \/>\nparents were beating Manjit Kaur and were repeating that she had brought<br \/>\nless dowry from her parents and that she would be allowed to settle only if<br \/>\nshe would bring more dowry. The appellant strangulated Manjit Kaur by<br \/>\npressing her throat. Resultantly, Manjit Kaur died. The complainant and<br \/>\nhis mother Dharam Kaur witnessed the occurrence. Leaving Dharam Kaur<br \/>\nat the spot, the complainant left for Police Station for lodging report. On<br \/>\nthe way, police party headed by SI Harbhajan Singh of Police Station<br \/>\nMehta, District Amritsar met the complainant, who thereupon made<br \/>\nstatement Ex.P-B to SI Harbhajan Singh, who made his endorsement Ex.P-<br \/>\nB\/1 on it and sent it to Police Station, where FIR Ex.P-B\/2 was registered<br \/>\non its basis.\n<\/p>\n<p>                SI Harbhajan Singh went to the spot, where dead body of<br \/>\nManjit Kaur was lying in a room. Harbhajan Singh prepared inquest report<br \/>\nEx.P-C and sent the dead body for post-mortem examination with request<br \/>\nEx.PW-7\/A.        On 07.02.2001, Dr. Amarjjit Singh and Dr. R. K. Nadda<br \/>\nconducted post-mortem examination on the dead body of Manjit Kaur and<br \/>\n<span class=\"hidden_text\">                           Crl. Appeal No. 411-DB of 2004                    3<\/span><\/p>\n<p>found the following ligature mark :-\n<\/p>\n<blockquote><p>                            &#8220;A reddish brown colour, hard with parchment<br \/>\n                      like consistency, encircling, ligature mark sparing 5 cm<br \/>\n                      on left side of neck 7.5 cm below left ear lobule was<br \/>\n                      present around the neck at the level of thyroid on front<br \/>\n                      and just below posterior hair line on the back of neck.<br \/>\n                      Ecchymosis was found present at the margins of<br \/>\n                      ligature mark.&#8221;<\/p><\/blockquote>\n<p>             On dissection, brain and its membranes, pleurae, both lungs,<br \/>\nliver, spleen and both kidneys were found congested along with other<br \/>\nconsequences of strangulation. Cause of death was opined to be asphyxia as<br \/>\na result of ante-mortem strangulation, which was sufficient to cause death in<br \/>\nordinary course of nature. Probable duration between injury and death was<br \/>\nwithin few minutes.\n<\/p>\n<p>             SI Harbhajan Singh inspected the spot and prepared rough site<br \/>\nplan Ex.PW-7\/B. On 07.02.2001, clothes of the deceased given by the<br \/>\ndoctor in sealed parcel were seized vide memo Ex.PW-7\/C.            Appellant<br \/>\nRanjit Singh was arrested on 28.03.2001, whereas his parents Swaran Singh<br \/>\nand Harjinder Kaur were found innocent during investigation. Accordingly,<br \/>\non completion of investigation, only Ranjit Singh was sent for trial.<br \/>\nHowever, on prosecution application under Section 319 of the Code of<br \/>\nCriminal Procedure (in short &#8211; the Cr.P.C.) during trial, Swaran Singh and<br \/>\nHarjinder Kaur, parents of the appellant, were also summoned as additional<br \/>\naccused.\n<\/p>\n<p>             Charge under Section 304-B IPC against Ranjit Singh and<br \/>\nunder Section 304-B\/34 IPC against his parents and in the alternative,<br \/>\ncharge under Section 302 IPC against Ranjit Singh and under Section<br \/>\n302\/34 IPC against his parents was framed. They pleaded not guilty and<br \/>\nclaimed trial.\n<\/p>\n<p><span class=\"hidden_text\">                           Crl. Appeal No. 411-DB of 2004                  4<\/span><\/p>\n<p>              In support of its case, the prosecution examined seven<br \/>\nwitnesses. Rishi Ram Draftsman (PW-1) stated that he prepared scaled site<br \/>\nplan Ex.P-A after inspecting the spot. Harjit Singh complainant (PW-2)<br \/>\n(brother of the deceased) and Dharam Kaur (PW-3) (mother of the<br \/>\ndeceased) have broadly stated according to the prosecution version narrated<br \/>\nabove.   They also added that eight days prior to the occurrence, the<br \/>\ndeceased had been sent to her parental house by the accused telling her that<br \/>\nshe should bring more dowry and thereafter, these witnesses had taken the<br \/>\ndeceased to her matrimonial home and left her there and even at that time,<br \/>\nthe accused demanded more dowry. Dr. Amarjit Singh (PW-4) stated about<br \/>\npost-mortem examination conducted on the dead body of Manjit Kaur.<br \/>\nConstable Mohinderpal (PW-5) and HC Manjit Singh (PW-6) tendered their<br \/>\nrespective affidavits Ex.P-G and Ex.P-H in evidence being formal<br \/>\nwitnesses. Retired SI Harbhajan Singh (PW-7) stated about investigation of<br \/>\nthe case conducted by him.\n<\/p>\n<p>              The appellant in his statement under Section 313 Cr.P.C.<br \/>\ndenied all the incriminating circumstances appearing against him in the<br \/>\nprosecution evidence and claimed to be innocent. His parents alleged that<br \/>\nthey were residing with family of their other son, separately from the<br \/>\nappellant and his wife, who were residing in the fields. No evidence was<br \/>\nled by the accused in their defence.\n<\/p>\n<p>              We have heard learned counsel for the parties and perused the<br \/>\nrecord with their assistance.\n<\/p>\n<p>              Harjit Singh complainant (PW-2) and Dharam Kaur (PW-3)<br \/>\nbrother and mother respectively of the deceased have fully supported the<br \/>\nprosecution case. Their statements could not be shaken in their lengthy<br \/>\ncross-examination. They did make improvement regarding the version that<br \/>\nthe deceased had come to the parental family eight days prior to the<br \/>\noccurrence.    However, even if this improvement in their statements is<br \/>\n<span class=\"hidden_text\">                          Crl. Appeal No. 411-DB of 2004                    5<\/span><\/p>\n<p>ignored altogether, guilt of the appellant is proved beyond reasonable doubt.<br \/>\nThe deceased died in the matrimonial home just about five months after her<br \/>\nmarriage. It is admitted case of the appellant that he was residing with the<br \/>\ndeceased, as suggested to Harjit Singh complainant (PW-2) and Dharam<br \/>\nKaur (PW-3) in their cross-examination. Death of Manjit Kaur by<br \/>\nstrangulation is proved from the testimony of Dr. Amarjit Singh (PW-4). In<br \/>\ncross-examination, he stated that there was no possibility of hanging in this<br \/>\ncase. Thus, it was homicidal death and not suicidal one. FIR was also<br \/>\nlodged very promptly. The occurrence took place at about 06:00 P.M. and<br \/>\nstatement Ex.P-B of Harjit Singh along with police endorsement Ex.P-B\/1<br \/>\nconcluded at 07:30 P.M. and registration of FIR commenced at 07:45 P.M.<br \/>\nand concluded at 08:30 P.M. Special Report reached the Magistrate at<br \/>\n02:30 A.M. It is thus manifest that the FIR was lodged very promptly and<br \/>\nSpecial Report also reached the Magistrate without delay. It has been<br \/>\nspecifically mentioned in the FIR that the accused were demanding more<br \/>\ndowry from the deceased, who was also beaten by the accused.             All<br \/>\ningredients of Section 304-B IPC are fully established.        Appellant is<br \/>\nhusband of the deceased. Parents of the appellant have been acquitted and<br \/>\nappellant only has been convicted. The appellant has not come out with any<br \/>\nexplanation regarding homicidal death of the deceased or even regarding<br \/>\nher alleged suicidal death. The appellant has not explained as to why<br \/>\nManjit Kaur died within five months of her marriage with the appellant and<br \/>\nwho strangulated her.   It thus becomes amply clear that conviction of the<br \/>\nappellant for offence under Section 304-B is well-founded.\n<\/p>\n<p>            Learned counsel for the appellant vehemently contended that<br \/>\nHarjit Singh complainant (PW-2) and Dharam Kaur (PW-3) cannot be said<br \/>\nto be eye-witnesses of the occurrence because according to them, all the<br \/>\nthree accused were beating the deceased, but Dr. Amarjit Singh found no<br \/>\ninjury caused by any such beating, except the ligature mark. It was also<br \/>\n<span class=\"hidden_text\">                         Crl. Appeal No. 411-DB of 2004                    6<\/span><\/p>\n<p>contended that Harjit Singh complainant (PW-2) and Dharam Kaur (PW-3)<br \/>\nmade improvement in the witness-box by stating that the deceased was<br \/>\nstrangulated with rope, although there is no mention of rope in the FIR. It<br \/>\nwas also submitted that Harjit Singh complainant (PW-2) and Dharam Kaur<br \/>\n(PW-3) were only chance witnesses and had no occasion to be present at the<br \/>\nspot at the time of occurrence. It was also contended that it was suicidal<br \/>\ndeath and not homicidal one.       Although there is no merit in these<br \/>\ncontentions, yet even if these contentions are accepted at their face value,<br \/>\neven then there is no escape for the appellant from conviction under Section<br \/>\n304-B IPC. Even if it was suicidal death and there was no strangulation<br \/>\nwith rope and there was no beating and Harjit Singh complainant (PW-2)<br \/>\nand Dharam Kaur (PW-3) had not witnessed the occurrence, even then all<br \/>\ningredients of Section 304-B IPC are fully proved against the appellant. It<br \/>\nis undisputed that death of Manjit Kaur occurred about five months after her<br \/>\nmarriage with the appellant i.e. within seven years of the marriage. The<br \/>\ndeath was by strangulation\/asphyxia i.e. unnatural death.       There was<br \/>\ndemand of dowry by the appellant soon before the death of his wife, who<br \/>\nwas harassed for the same.     Death occurred within five months of the<br \/>\nmarriage and therefore, the demand of dowry was obviously soon before the<br \/>\ndeath. Thus, even accepting the contentions of appellant&#8217;s counsel at face<br \/>\nvalue, there is no escape from the conclusion that guilt of the appellant<br \/>\nunder Section 304-B IPC is proved beyond reasonable doubt. However,<br \/>\neven aforesaid contentions of learned counsel for the appellant cannot be<br \/>\naccepted. As noticed herein before, the occurrence took place at 06:00 P.M.<br \/>\nand FIR was lodged by Harjit Singh by making statement to the police at<br \/>\n07:30 P.M. and the FIR was registered at 07:45 P.M. Name of Dharam<br \/>\nKaur was also mentioned as eye-witness in the FIR.          If Harjit Singh<br \/>\ncomplainant (PW-2)     and Dharam Kaur (PW-3) had not witnessed the<br \/>\noccurrence, the FIR could not have been lodged so promptly.          In this<br \/>\n<span class=\"hidden_text\">                           Crl. Appeal No. 411-DB of 2004                   7<\/span><\/p>\n<p>context, it may be added that Village of Harjit Singh is 30-35 kilometers<br \/>\nfrom the place of occurrence, as stated by him in the opening line of his<br \/>\ncross-examination. Had the complainant not been present at the spot, and<br \/>\nhad he been in his own village at that time, he could not have reached the<br \/>\nspot so soon and would not have been able to lodge the FIR so promptly. It<br \/>\nis thus apparent that Harjit Singh complainant (PW-2) and Dharam Kaur<br \/>\n(PW-3) were eye-witnesses of the occurrence. The fact that no visible<br \/>\ninjury caused by beating was found on the dead body, would not make the<br \/>\nversion of the eye-witnesses doubtful in any manner because the beating<br \/>\nmight not have resulted in any visible injury. As regards non-mentioning of<br \/>\nrope in the FIR, the same is immaterial when it was specifically mentioned<br \/>\nin the FIR that the deceased was strangulated. Harjit Singh complainant<br \/>\n(PW-2)    and Dharam Kaur (PW-3) also cannot be said to be chance<br \/>\nwitnesses because they had come to see the deceased since she was facing<br \/>\ntroubles in the matrimonial home on account of demand of dowry. It was<br \/>\nnatural for the brother and mother of the deceased to come to her<br \/>\nmatrimonial home to inquire about her well being. Death by suicide is also<br \/>\nruled out by Dr. Amarjit Singh, who stated in cross-examination that there<br \/>\nwas no possibility of hanging in this case. His statement clearly establishes<br \/>\nthat it was homicidal death by strangulation. The ligature mark also shows<br \/>\nthat it was strangulation by rope.\n<\/p>\n<p>             For the reasons recorded herein above, we find that guilt of the<br \/>\nappellant Ranjit Singh is proved beyond reasonable doubt and his<br \/>\nconviction is, therefore, affirmed.\n<\/p>\n<p>             Learned counsel for the appellant prayed for reduction in<br \/>\nsentence. The prayer has been opposed by learned State counsel submitting<br \/>\nthat death of Manjit Kaur occurred within five months of her marriage with<br \/>\nthe appellant. We have carefully considered the matter. Sentence of life<br \/>\nimprisonment for offence under Section 304-B IPC appears to be excessive.\n<\/p>\n<p><span class=\"hidden_text\">                          Crl. Appeal No. 411-DB of 2004                      8<\/span><\/p>\n<p>The occurrence had also taken place about eight years ago. Keeping in view<br \/>\nall the circumstances, we reduce the sentence of appellant Ranjit Singh from<br \/>\nlife imprisonment to imprisonment for 12 years.\n<\/p>\n<p>            With reduction in sentence as aforesaid, the appeal stands<br \/>\ndisposed of accordingly. The appellant, if on bail, shall surrender to his bail<br \/>\nbonds or shall be arrested to undergo the remaining period of sentence.<\/p>\n<pre>\n\n\n\n\n                                                    ( L. N. MITTAL )\n                                                          JUDGE\n\n\n\nMarch 03, 2009                                ( MEHTAB SINGH GILL )\nmonika                                                JUDGE\n <\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Punjab-Haryana High Court Ranjit Singh vs State Of Punjab on 3 March, 2009 Crl. Appeal No. 411-DB of 2004 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. Appeal No. 411-DB of 2004 Date of Decision : March 03, 2009 Ranjit Singh &#8230;. Appellant Vs. State of Punjab &#8230;. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,28],"tags":[],"class_list":["post-109115","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Ranjit Singh vs State Of Punjab on 3 March, 2009 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ranjit-singh-vs-state-of-punjab-on-3-march-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ranjit Singh vs State Of Punjab on 3 March, 2009 - Free Judgements of Supreme Court &amp; 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