{"id":41089,"date":"2008-08-21T00:00:00","date_gmt":"2008-08-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sohan-singh-and-others-vs-state-of-punjab-on-21-august-2008"},"modified":"2018-12-16T11:45:15","modified_gmt":"2018-12-16T06:15:15","slug":"sohan-singh-and-others-vs-state-of-punjab-on-21-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sohan-singh-and-others-vs-state-of-punjab-on-21-august-2008","title":{"rendered":"Sohan Singh And Others vs State Of Punjab on 21 August, 2008"},"content":{"rendered":"
Punjab-Haryana High Court<\/div>\n
Sohan Singh And Others vs State Of Punjab on 21 August, 2008<\/div>\n
Criminal Appeal No.800 SB of 1996                       { 1 }\n\n      In the High Court of Punjab and Haryana at Chandigarh\n\n                           Criminal Appeal No.800 SB of 1996\n                           Date of decision: 21.8.2008\n\n\nSohan Singh and others\n\n                                              ......Appellants\n                      Versus\n\nState of Punjab\n                                               .......Respondent\n\nCORAM: HON'BLE MRS. JUSTICE SABINA\n\nPresent:   Mr.T.S.Sangha, Sr.Advocate with\n           Mr.H.S.Sangha, Advocate,\n           for the appellants.\n\n           Mr.T.S.Salana, D.A.G. Punjab.\n                ****\n\nJUDGMENT\n<\/pre>\n
SABINA, J.\n<\/p>\n
           Prosecution case was set in motion on the basis of the<\/p>\n
statement of complainant Surjit Singh, who is father of deceased<\/p>\n
Jasbir Kaur. As per the complainant, his daughter Jasbir Kaur was<\/p>\n
married to Sohan Singh about two years prior to the occurrence.<\/p>\n
After two months of marriage, when he had gone to visit his daughter<\/p>\n
in her matrimonial home, Sohan Singh, husband, Karnail Kaur,<\/p>\n
mother-in-law and Dalip Singh, father-in-law of Jasbir Kaur told him<\/p>\n
that he had not honoured their relatives and nothing had been given<\/p>\n
to their son at the time of engagement. The complainant told them<\/p>\n
that he had done as per his capacity. On this account, they used to<\/p>\n
harass his daughter on one pretext or the other. After one year, he<\/p>\n
convened the meeting of the family members of in-laws of his<\/p>\n
daughter and asked them as to why they were harassing her and told
\n Criminal Appeal No.800 SB of 1996                             { 2 }<\/p>\n
them that he would satisfy their minor demands. The matter was<\/p>\n
compromised without giving anything. Dalip Singh told his relations<\/p>\n
that he had been given a gold ring of light weight and they were not<\/p>\n
satisfied. Sohan Singh also demanded more dowry. The accused<\/p>\n
wanted to get rid of his daughter. In the morning of 20.10.1993, he<\/p>\n
had come to know that his daughter had died. He believed that his<\/p>\n
daughter had been murdered by her in-laws.\n<\/p>\n
           On the basis of the statement of the complainant formal<\/p>\n
FIR No.74 dated 20.10.1993 was registered by the police of Police<\/p>\n
Station Malerkotla.\n<\/p>\n
           After      completion   of   investigation   and    necessary<\/p>\n
formalities, accused were sent up for trial. Charge against them was<\/p>\n
framed under Section 304-B\/34 and 498-A IPC              on 29.3.1994.<\/p>\n
Accused did not plead guilty and claimed trial.<\/p>\n
           The material witnesses examined by the prosecution to<\/p>\n
prove its case at the trial were Surjit Singh (PW-1), Jagdish Singh<\/p>\n
(PW-2), Dr.Gurpal Singh (PW-3) and SI Swaran Singh (PW-6). After<\/p>\n
the close of prosecution evidence, accused when examined under<\/p>\n
Section 313 Cr.P.C., prayed that they were innocent and had been<\/p>\n
falsely involved in this case. Accused Sohan Singh pleaded that he<\/p>\n
was not present in the house on the alleged day of occurrence.<\/p>\n
Accused Karnail Kaur and Dalip Singh pleaded that Jasbir Kaur was<\/p>\n
pregnant by three months and was under treatment due to illness.<\/p>\n
She had died on account of her illness. The accused examined<\/p>\n
Darshan Singh (DW-1), Davinder Singh (DW-2), Gurcharan Singh<\/p>\n
(DW-3), Mehar Singh (DW-4) and Chet Singh (DW-5) in their<\/p>\n
defence evidence.\n<\/p>\n
 Criminal Appeal No.800 SB of 1996                         { 3 }<\/p>\n
           Learned trial Judge believed the prosecution version and<\/p>\n
convicted all the accused under Section 304-B read with Section 34<\/p>\n
IPC and sentenced them to undergo rigorous imprisonment for seven<\/p>\n
years and a fine of Rs.3,000\/- each.         The accused were also<\/p>\n
convicted under Section 498-A IPC and were sentenced to undergo<\/p>\n
rigorous imprisonment for one year.        Both the sentences were<\/p>\n
ordered to run concurrently. Hence, the present appeal.<\/p>\n
           In appeal, learned counsel for the appellants has<\/p>\n
submitted that the complainant was a poor person and was drawing<\/p>\n
a salary of about Rs.1,400\/- per month. He had three children to<\/p>\n
maintain including the deceased. As such, he could not give much<\/p>\n
dowry nor any dowry was demanded at the time of marriage. Vague<\/p>\n
allegations of demand of dowry had been levelled against the<\/p>\n
accused by the complainant which had no basis.<\/p>\n
           Learned State counsel, on the other hand, has argued<\/p>\n
that the deceased had died in the house of her in-laws within seven<\/p>\n
years of her marriage. It was a case of death by poisoning. The<\/p>\n
accused had been harassing her on account of demand of dowry and<\/p>\n
due to this reason she had consumed poison.\n<\/p>\n
           In order to admit the ingredients of Section 304-B IPC,<\/p>\n
the prosecution has to prove the following facts:-<\/p>\n
           ” 1. that the death of the woman took place due to burns<\/p>\n
           or the bodily injuries or otherwise than under normal<\/p>\n
           circumstances.\n<\/p><\/blockquote>\n
           2.   that such death had occurred within seven years of<\/p>\n
           her marriage.<\/p><\/blockquote>\n
           3.   the victim was subjected to cruelty or harassment by
\n Criminal Appeal No.800 SB of 1996                         { 4 }<\/p>\n
           her husband or any relative of her husband and such<\/p>\n
           cruelty or harassment should be for or in connection with<\/p>\n
           demand of dowry.”\n<\/p>\n
           Admittedly, Jasbir Kaur, daughter of the complainant<\/p>\n
Surjit Singh, was married to Sohan Singh about two years prior to the<\/p>\n
occurrence. She died in the house of her in-laws.<\/p>\n
           Dr.Gurpal Singh (PW-3) had conducted the post mortem<\/p>\n
examination on the dead body of Jasbir Kaur on 21.10.1993. In his<\/p>\n
opinion the cause of death was due to an organo phosphorus group<\/p>\n
of insecticide. The said opinion was given by the doctor after receipt<\/p>\n
of report of Chemical Examiner. Thus, Jasbir Kaur had died under<\/p>\n
unnatural circumstances within seven years of her marriage.<\/p>\n
           The next question that requires consideration is as to<\/p>\n
whether it was a dowry death or it was just a case of suicide.<\/p>\n
           When a women marries, she goes to the house of her in<\/p>\n
laws with some hope that she would get financial, physical and<\/p>\n
mental security over there. From the cross examination of PW-1 it is<\/p>\n
evident that the deceased was having a young daughter and it was<\/p>\n
highly unlikely that she would have committed suicide leaving behind<\/p>\n
her one year old daughter to fend for herself. She must have been<\/p>\n
forced to take such an extreme step of taking her own life by the<\/p>\n
circumstances surrounding her. She must have been subjected to<\/p>\n
such maltreatment or harassment which forced her to take her own<\/p>\n
life leaving behind her minor daughter. Foolproof evidence from the<\/p>\n
prosecution in such like cases is a remote possibility. The relations<\/p>\n
of the deceased are the best witnesses as they are supposed to<\/p>\n
know about the state of affairs going on in the house of the
\n Criminal Appeal No.800 SB of 1996                       { 5 }<\/p>\n
deceased. Parents of a bride in natural course of affairs know as to<\/p>\n
whether their daughter is leading a happy married life or not.<\/p>\n
Whenever a demand of dowry is made, the bride has to get the same<\/p>\n
satisfied from her parents or relatives. Naturally such persons are<\/p>\n
bound to know about the demand besides the bride herself. The fact<\/p>\n
that after death of the bride, the relations between two families are<\/p>\n
bound to become strained, cannot be lost sight of . The statements<\/p>\n
of   the relations have, thus, to be acted upon with due care and<\/p>\n
caution.\n<\/p>\n
           The complainant, while appearing in the witness box as<\/p>\n
PW-1, has deposed with regard to harassment meted out to the<\/p>\n
deceased by the accused on account of insufficient dowry. In the FIR<\/p>\n
the complainant has stated that when he went to the matrimonial<\/p>\n
house of his daughter after two months of      her marriage all the<\/p>\n
accused told him that he had not honoured their relations.<\/p>\n
Thereafter, a meeting of the relations of the accused was convened<\/p>\n
after one year, where the matter was compromised and nothing was<\/p>\n
given by the complainant. There is no specific allegation regarding<\/p>\n
any demand of dowry made by accused Karnail Kaur. The<\/p>\n
complainant, however, while appearing in the witness box, has<\/p>\n
deposed that Karnail Kaur was also saying that ring given to her was<\/p>\n
of light weight and dowry was insufficient. However, the said fact is<\/p>\n
not mentioned initially in the FIR. Moreover, any demand of dowry or<\/p>\n
harassment meted out to the deceased by her is not corroborated by<\/p>\n
Jagdish Singh (PW-2). As such, accused Karnail Kaur is entitled to<\/p>\n
be acquitted by giving her benefit of doubt as there is no specific<\/p>\n
allegation against her regarding demand of dowry.\n<\/p>\n
 Criminal Appeal No.800 SB of 1996                       { 6 }<\/p>\n
            So far as accused Sohan Singh and Dalip Singh are<\/p>\n
concerned there are specific allegations against them that they were<\/p>\n
not satisfied with the dowry articles.   Even after the matter was<\/p>\n
compromised\/settled in a meeting convened by the relatives, Dalip<\/p>\n
Singh complained that his ring was of light weight. Sohan Singh also<\/p>\n
demanded more dowry. Due to this reason both the said accused<\/p>\n
had been harassing Jasbir Kaur. The statement of the complainant<\/p>\n
with regard to demand of dowry and harassment meted out to the<\/p>\n
deceased by accused Sohan Singh and Dalip Singh is duly<\/p>\n
corroborated by Jagdish Singh (PW-2), who is a member Panchayat<\/p>\n
of Village Nathumajra. Mehar Singh(DW-4) and Chet Singh (DW-5)<\/p>\n
have failed to rebut their testimony regarding demand of dowry.<\/p>\n
            The witnesses examined by the accused in their defence<\/p>\n
failed to advance their case. Darshan Singh(DW-1) and Gurcharan<\/p>\n
Singh (DW-3) have been examined with a view to establish that<\/p>\n
accused Sohan Singh was not present in his house at the time of<\/p>\n
occurrence. Since the deceased had consumed poison to end her<\/p>\n
life, the fact as to whether accused was present in the house or not<\/p>\n
loses its significance.\n<\/p>\n
            No reliance can be placed on the statement of Davinder<\/p>\n
Singh (DW-2) as the record produced by him was having cutting on<\/p>\n
the date and there was no seal of the hospital on the record nor of<\/p>\n
medical officer.\n<\/p>\n
            As per Section 113-B of the Indian Evidence Act, when<\/p>\n
the question is whether a person has committed dowry death of a<\/p>\n
woman and it is shown that soon before her death, such woman was<\/p>\n
subjected by such person to cruelty or harassment for, or in
\n Criminal Appeal No.800 SB of 1996                        { 7 }<\/p>\n
connection with, any demand for dowry, the Court shall presume that<\/p>\n
such person had caused the dowry death.\n<\/p>\n
            Unfortunately, in this case, Jasbir Kaur consumed poison<\/p>\n
being fed up of harassment meted out to her by the accused Dalip<\/p>\n
Singh and Sohan Singh on account of insufficient dowry. All the<\/p>\n
ingredients, which are required to be proved by the prosecution to<\/p>\n
bring the offence within the purview of Section 304-B and 498-A IPC<\/p>\n
are fully established.\n<\/p>\n
            Accordingly, the conviction and sentence of accused<\/p>\n
Sohan Singh and Dalip Singh under Section 304-B\/34 and 498A IPC<\/p>\n
are maintained and this appeal qua them is dismissed. So far as<\/p>\n
accused Karnail Kaur is concerned, the appeal qua her is allowed<\/p>\n
and she is acquitted of the charge framed against her.<\/p>\n
                                                         (SABINA)
\n                                                          JUDGE<\/p>\n
August 21, 2008
\nanita\n <\/p>\n","protected":false},"excerpt":{"rendered":"
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: […]<\/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-41089","post","type-post","status-publish","format-standard","hentry","category-high-court","category-punjab-haryana-high-court"],"yoast_head":"\nSohan Singh And Others vs State Of Punjab on 21 August, 2008 - Free Judgements of Supreme Court & 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\/sohan-singh-and-others-vs-state-of-punjab-on-21-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sohan Singh And Others vs State Of Punjab on 21 August, 2008 - 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