Criminal Appeal No.1056-SB of 1998 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.1056-SB of 1998 Date of decision : 24.10.2008 Panni and others .....Petitioner Versus State of Haryana ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Hari Om Gupta, Advocate as Amicus Curiae for the appellants. Mr. S.S. Mor, Senior Deputy Advocate General, Haryana for the respondent. S. D. ANAND, J. The appellants were convicted by the learned Trial Court for an offence under Section 498-A IPC following their indictment on a charge of having caused dowry-related harassment to deceased Kamla. The appellants were, however, exonerated of the charge under Sections 304-B IPC. The State does not appear to have filed a plea against their acquittal under Section-304-B I.P.C. The appellants were indicted by the learned Trial Judge on the allegations which may be indicated as under:- Deceased Kamla, daughter of first informant Kehar Singh, was married to appellant Rajbir about four years prior to the impugned occurrence. The appellants were not satisfied with the adequacy of the dowry brought by her and they used to subject her to dowry-related torture, with a view to coerce her to bring dowry articles from her natal Criminal Appeal No.1056-SB of 1998 -2- *** family. Besides it, the deceased used to object to the consumption of liquor by Rajbir. About three months prior to the impugned occurrence, deceased Kamla came over to her parental house. She was fed up with the dowry-related taunts hurled at her. She brought facts to the notice of her parents who, however, persuaded her to return to the matrimonial house. On the relevant date i.e. at about 9.00 A.M., appellants Rajbir and Pala informed Kehar Singh that Kamla was ill and hospitalised in the Civil Hospital at Karnal. Kehar Singh, accompanied by Ram Sarup and Sandeep Singh, went to Civil Hospital, Karnal, but could not locate Kamla. Thereafter, they went over to the village of the appellants. It was there that it came to their notice that she had been poisoned to death on account of her inability to meet dowry demand aforementioned. The prosecution presentation was testified on oath by PW1 ASI Chandervir Singh, PW-2 Const. Mohinder Singh, PW-3 Shashi Sharma, PW-4 Kehar Singh, PW-5 Sandeep Singh, PW-6 Ishwar Singh, PW-7 Dr. (Mrs.) Naresh Saini and PW-8 SI Mohinder Kumar. PW-1 ASI Chandervir Singh had recorded formal FIR Ex. PA/1 on receipt of ruqqa Ex. PA. He had also made his endorsement Ex. PA/2 upon the ruqqa. PW-2 Constable Mohinder Singh had attested recovery memo Ex. PB. PW-3 Shashi Sharma Draftsman had prepared scaled site plan Ex.PC, of the spot, on 19.4.1007. PW-4 Kehar Singh is the complainant/first informant/father of the deceased Kamla. PW-5 Sandeep Singh is the employer of PW-4 Kehar Singh. Criminal Appeal No.1056-SB of 1998 -3- *** PW-6 Ishwar Singh had photographed the dead body of Kamla on 18.3.1997. He proved photographs Ex. P4 to Ex. P6 and their negatives Ex., P/1 to Ex. P/3. PW-7 Dr. (Mrs.) Naresh Saini had conducted the post-mortem examination on the dead body of Kamla and observed as under:- “on examination I found that length of the body 5. There was no mark of ligature. She was moderately built and nourished, body of a female, aged about 21/22 years in appearance, wearing shirt, Chuni Salwar, smeared with faecal matter, two white metal ear rings and two white metal rings in the feet were present and one cloth hair band was there. Eyes and mouth were closed. Face was congested. R.M. was partially present in lower limbs. Scalp, skull and vertebra were healthy. Membranes and brain were healthy but slightly congested. Spinal cord not dissected. Walls, ribs and cartilages were healthy. Plourae was healthy. Her larynx and trachea were healthy but mucus mumbrane of trachea were slightly congested. Right lung was congested and pieces sent for chemical Histopathological examination. Her left lung was also congested and pieces sent for chemical and histopathological examination. Pericardium was healthy. Heart was healthy and as a whole sent for histopathological examination. Large vessels were healthy. Blood sample from the heart chamber was sent for chemical examination. Her abdominal wall was healthy. Peritoneum was healthy. Mouth, Pharynx and oesophagus was healthy. Stomach and its contents sent for chemical examination. Mucus membrane Criminal Appeal No.1056-SB of 1998 -4- *** was congested. Small intestine and their contents were congested and piece alongwith contents sent for chemical examination. Large intestines congested and piece alongwith contents sent for chemical examination. Liver was congested and a piece sent for chemical and histopathological examination. Spleen and Kidneys were congested and pieces sent for chemical and histopathological examination. Bladder was healthy and empty. Organs of generation external and internal were healthy and empty.” After perusing the report (Ex. PG) of Chemical Examiner, PW- 7 Dr. Naresh Saini opined that the cause of death was due to aluminium Phosphide poison. PW-8 SI Mohinder Singh proved the investigation conducted by ASI Joginder Chand who had died in the meantime. Affidavit Ex. PD (of Constable Raj Pal), Ex. PE (of Constable Ran Singh) and Ex. PF ( of Mohrir Head Constable Parkash Chand) were tendered into evidence. Those affidavits are representative of evidence of formal character. The appellants pleaded innocence by averring that deceased Kamla might have committed suicide as she had not been able to conceive and she had an apprehension in her mind that appellant Rajbir would remarry. DW-1 Karnail Singh and DW-2 Gurcharan Singh were examined in defence evidence. Both of them proved certain bahi entries to buttress the plea that appellants Banarsi, Pala Ram and Panni were separate in mess and residence from appellant Rajbir. As already indicated in an earlier part of this judgment, the Criminal Appeal No.1056-SB of 1998 -5- *** appellants were exonerated of the charge under Section 304-B IPC. They were convicted only for an offence under Section 498-A IPC. Insofar as the prosecution presentation with regard to commission of offence under Section 498-A IPC is concerned, it is fully supported by the testimony of PW-4 Kehar Singh who is none else or other than father of the deceased girl. Inspite of fairly lengthy and searching cross-examination directed at him, he stood his ground very well and re- iterated that deceased was subjected to cruelty immediately before her death and she had brought facts to his notice and to the notice of the other members of her natal family. Learned Amicu Curiae argues that the solitary statement of PW-4 Kehar Singh may not be relied upon to sustain the impugned finding of conviction for the simple reason that it was not supported by any independent corroborative evidence. The plea in the context is that none from the houses in the vicinity of the matrimonial house of the deceased girl entered the witness box to support that averment. It is also argued that deceased is not even averred to have ever addressed any letter to her natal family. The plea raised is oblivious of the social scenario prevalent in the society particularly in the segment to which the natal family of the deceased belonged. Inspite of whatever strides our country may have made on various fronts, the estrangement of a married daughter with her husband and in-laws is not viewed with favour. If it is notified to the relations and acquittances that a married daughter of a particular family has fallen out with her in-laws family, it affects the matrimonial scope of her siblings. The parents of estranged girl would be very reluctant to share the indicated estrangement with their friends and acquittances, as per the Criminal Appeal No.1056-SB of 1998 -6- *** environment prevalent in the Indian society at the moment. In the absence of any evidence to the effect that the deceased was literate, the advocated plea that she could have addressed a communication to her natal family is illogical. Even otherwise, a domesticated female would hardly get an opportunity to pen down her sentiments and forward the same to the natal family by post. Insofar those living in the vicinity of the matrimonial house of the girl are concerned, it is a matter of common observation that they would not assist the prosecution in advancing its plea. It could be either on account of fear of annoying a life long neighbour or it could be a plain, despicable though, disinterest in the affairs of another family. The existence of this phenomenon in the society cannot be denied. Learned Trial Judge noticed adequate and acceptable reasons for recording a finding that the appellants were accountable for having committed an offence under Section 498-A IPC. The line of reasoning adopted by the learned Trial Court is in order. It is affirmed. In the light of the fore-going discussion, the appeal is held to be devoid of merit and is ordered to be dismissed. However, it is apparent that the present prosecution is pending since the year 1997, Appellants Banarsi and Mst. Panni were aged 60 years and 50 years respectively in the year 1997. The present appeal is being disposed of in the year 2008. In the totality of the circumstances, I am of the opinion and interests of justice would be served if the sentence awarded to the appellants is reduced by one year and it is ordered accordingly. October 24, 2008 (S.D. ANAND) Pka JUDGE Criminal Appeal No.1056-SB of 1998 -7- ***