51 r d Criminal AppealNo46SB of2000 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Criminal AppealNo246B of2000 Date ofDecisionl 06052010 InderjitSingh Appellant Versus Stateof Punjab ee7espondent 1 0 CORAMHONBLE MR JUSTICE ANJINDAL C3 Presentl AllrAPSMann Advocale I for thepetitioner C5 I MrCS13rar DeputyAdvocate General Punjab for therespondenttate Z 4tS Ht 1k ANeJINDAL Je Out of the three accused tried under Section 30443 IPC I 08 Harbans Singhand Gurmail Kaur were while givingbenefltof doubt whereas InderjitSinghappellaiaccused6hereinreferred as the 2 accusedowas convicted and sentencedto undergorigorousimprisonment 2 for a periodof 7 yearsvide judgmenl dated08022000 passedby Sessions JudgeFerozepur AccusedInderjitSinghis the husbandwhereasHarbans Singh and Gurmail Kaur are the fatherein4awand mothern4aw of the deceased Kaur Paramjit Kaur was marrled to In9lerjit Singhone yearand three months priorto the death Aloout one month after the t the accused had startedharassingdeceasedParamjitKaur herein referrcd as the deceascdto bringRs00001 for the of tractor Whenever Dal Singhfatherofthe deceasecl herein rcferredas thecomplainanused to visit her daughter she usedto tell him about their Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 52 4 Criminal AppealNo46eSB of2000 2 conduct Out of the marriage a girl child was born About two months priorto the occurrence on the occasion of the marriage of Virpaldaughter of the sister the deceasedwas sent alone However shefell ill thereand came to villageKauni where she told the that she was beingharassed and tortured by her in4aws She was taunted and to bringmoney from her parents However the m lr her that he has alreadyspent about Rs250001 on the 0 Chhuchhak ceremony of her daughter and he was not in a positionto pay C anything more He also assured that he would pay as soon as he flnds C source Threeour daysthereafter the father Jawala Singh I visited Malookpur to see the deceased On seeinghim all the accused were Z and objected to the conduct of the deceasedabout her visit lo her r house againstlheir consent and further insisted upon their demand I which even could be met with sale of the land Theyfurtherthreatenedthat 08 ln casedemandis not met then theywould remarrytheir son and would not rehabilitatethe deceased who was hailingfrom such poor familyJawala W2 Z Singh came back and narratedthe whole version to the tl On the next day1 on 09071993 the alongwith his brothernelaw Balbir Singhcame to see the deceasedand take her back for two daysbut on their arrival theyfound her lyingon the cot in a kacha rooln On inquirythe accusedinformed thal she had taken some poisonous substance and committed suicide but the doubtedthe conduct 1 of the accusedand while holdingthem for the death cameback tothevillageand lodgedthe report On the aforesaid statemenl ExPJ made by the SubInspectorJagdevSinghmade the endorsement on the basis of which Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 53 a4 Criminal AppealNo246SB of2000 3 FIR ExPJ was recorded The law was set in inotion Dead bodywas sent for postmortem examination SubInspectorJagdevSingh6sincedeceased recordedthe statements of witnessesand arrestedthe accused Completion was followed bya reportunder Section 173 CrPC Findinga primafacie case againstthe accused theywere for the offenceunder Section 304B IPC to which theypleaded not guiltyand claimed trial 0 The examinedDal SinghPW5 and Balbir Singh C 6PW61father and uncle of the deceased Gurmit Singh C5 I of the village W79Darshan SinghMember Panchayat 6PW89 andJawala Singhgrandfather of the deceased PW in order to prove the Z atrocitiescommittedupon the deceasedregarding the demandof dowryand thecommission ofsuicide byher I 08 DrPrithi Raj Bhadu Medical Officer Civil HospitalAbohar PWll had conducted the autopsyon the dead bodyof ParamjitKaur and 7 made report A He also provedthe inquestreportExPB autopsy Z reportExPC report f Chemical Examiner ExPD vide which he had opinedthat the cause of death was poisoningbyan organic of insecticide Kuljit Singh Draftsman 6PW29Head Constable Jaswinder Singh6PW3and Constable Labh Singh6PW49are the formal witnesses Roor Singh6PW109 had partly the case and also testiOed 1 that Sub InspectorJagdevSingh Ofcer of the case had already died Head ConstableKuldipSingh6PW119 is also the memberof the tean ASI JagdevSinghcould nol be examinedas he had alreadyexpired Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 1 54 P Criminal AppealNoe246SB of2000 4 When examined under Section 313 CrPC all the accOsed deniedthe circumstancesappearingagainstthem and pleaded their false implication Accused InderjitSinghfurther explainedthat ParamjitKaur was upset and oftenlyunder the attack of fits she was gottre22d from the doctorsat Abohar Therefore she havingbeenfed up with the ailment committedsuicide m r In defence the accused examined Drarmeet SinghMann 0 C DWl andAngrejSinghoDW29 DW1 DrHarmeet SinghMann has stated that ParamjitKaur C I remainedunder treatment from 2804993 to 08051993 againsaid from 28041993 to 20051993 He hasfurtherstatedthat she was suffering from Z He also provedthe outioor slipsEx2 to ExD4 regarding the CC disease I 08 DW2 AngrejSinghMediator ofthe marriage ofdeceased has statedthatthe accuseddid not demandany dowrypriorto at the time ofor 7 Z aller themarriageHe has also statedthataccusedInderjitSinghhadstarted tl living from his parentsin the same houseand the accusedpersons never maltreatedher The trial ended in conviction of Indeljit Singhwhereas remaining two accused were acquitted star witness in the case has reiterated the version stating that the deceasedwas married to InderjitSingh 1 one yearand threemonthspriorto the occurrence and out of the wedlock a r femalechild was born The accused were her for bringing Rs00001 Despitethe convening of the Panchayat by him the accused couldnot bepacifledEven afterthe deceasedhad attendedthemarriage of Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 55 f Criminal AppealNo46SB of2000 5 Virpauldaughter of the sisterof the behaviourof the accused was When the had gone with ParamjitKaur to thehouseof the accused theyhad felt annoyed and had placed the demand of Rs500001 and also threatenedthat in case of nonwfulfillment of the 1 demandtheywould marry InderjitSinghsomewhereelse On 09031993 when he had gone to see his daughtershe was foundlyingin a mud room m on a cotand the accused were projecting that the deceasedhad 0 consumedsome insecticide He was cross examinedatlengthand nothing 0 fruitful could be elicited from his statement which could create a dent in the I C5 prosecutioncase He is categoricto explainthe events leadingto the occurrence in sequence and his testimony stands corroborated by Balbir Z Singhwho is the maternaluncle of the deceased Balbir Singhbeingthe t closerelative knewlaboutthe conditions goingin the family He has also afflnnedthe fact that after the deceasedhad givenbirth to a fetnalechild 06 the behaviour ofthe accused had become rude The accused had been Rs500001 for contributiontowardsthe purchase of the tractor e Z The had his inabilityto pay such hugeamount as he C had alreadyspentRs2000014Rs250001 at the time of birth of the girl child ofthe deceased Gurmit Singh6PW71beingthe relative had visited the house ofdeccasedwhereshe had reiteraledabout the behaviourofthe accusedand ofRs500001 madebythem He has also statedthat the e had told him to inform about the conduct of the accused to Dal Singh and Balbir Singhand he had accordingly informed them Darshan Singh Sarpanch of the villagehas narratedthat he alongwithDalip Lalnbardar Dal SinghGurcharan Singh Balbir Singhand other Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 56 1 d Criminal AppealNo246B of2000 6 personswent to the house of accused in the shapeof Panchayat and the accused not to harassher Jawala Singhgrancatherof the deceased PW99 while a11the allegations as set up by the has stated that ParamjitKaur had come to their villageaRer themarriage at Kale Bandhal and had told them about the conduct ofthe accused tilat theywcre her to bringRs500001 He had 1 r the deceased to her matrimonial house When theyarrived 0 there the accused felt enragedand strict to their demand first inquiredif C I their demandshad been met with On receiving the replyin negativethey C5 felt annoyed and threatenedto rehabilitateher in the matrimonialhouseonly I iftheir demandis met Z On conjointreadingof the statement of Dal Singh father r Gurmit Singh uncle Jawala Singh grandfather and Balbir Singh Maternal uncle of the deceased the followingdefinite facts could be 08 noticed 7 6i9That the deceased an young girl was married to the accused Z IndeljitSinghresidentofvillageMalookpur m 6iOThatthe marriage took placeone year and three months priorto the occurrence 6iii9That the deceasedwas quitehale and heartyand was not suffering from any ailment much Iessdepressionpriorto the marnage ivl That out ofthe wedlock a girlchild was born vThat after the marriagethe accused started the deceasedfor not bringingadequate dowryand theyplaceddemand of Rs00001 for the purchase of Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 57 4 Criminal AppealNo246SB of2000 7 tractor vOThedeceaseddied byconsuming organic 6an at the houseof the accused other than in normal Clrcumstances It has also come on record from the uniform statements of the witnesses that the accused had sold an old tractor priorto the marriage 1 tr which also goes a longway to helpthe cas In order to 0 establishthat the accuseddemandedmoney for purchase of the tractor the C I witnesses state that after attendingthe marriageat Kale C5 Bandhal when Paramjit Kaur came to their villageshe fell ill At thattime I she disclosed aboutthe woeful storythat the accused were torturing her for Z n not bringingRs500001 and theywere compellingher to fulOll their Q demand even at the cost of the sale of land by her father All this goes to I show that the accused must be moneyin connection with the c6 oo paymentof priceof tractor The deceased died other than in normal am circumstances at the houseofaccused within 7 yearsofher marriage Z DrPrithi Raj PWl9has been examined in order to prove that C the deceaseddied other than in normal circumstances He has statedthat cause of death in the case was poisoningby an organic an insecticide He has also provedhis reportExPE which was givenoli the basisofthe reportofChemical Examiner ExPD The argumentraised by learnedcounsel for the appellant that the witnesses so examined by the either beingrelatives or hailingfrom his village are interestedwitnesses sans any rnerit The relativesbeingwell conversant and with the events goingon in the familyregarding the marriage are thebest witnesses to deposein this Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 58 J Criminal AppealNo246B of2000 8 connection The disputesalwaysarise within the four walls of the house For the reasons that the marriage ties may not break and family may not be put to peril the facts are keptsecret and are not allowed togo in the street as such ro corroborationcould be expected In the instant case grandfather father as well as maternal uncle of the deceasedknowingfully well about the have tore out their 1 L abdomenwhile depicting in their statementsthat the accused were not 0 satisfiedwith the articles of dowrygivento them at the time of marriage 0 I and theywere Rs00001or purchase of the tractor They C5 were compelling time and againto bringthis amount bymakinganysort of I byher parents The madebythe and Z regrets shown by him that he was unable to arrangesuch 1 money as he had alreadyspent hemoney on the Chuchak of the I of the deceasedfell to deafears of the accused The factumwith 08 CO to maltreatmentwas disclosed byParamjitKaur to her father ld 7 grandfather from time to time and theyalso visited the accused and Z themnot to harassher on that account Qm While explaining the demandofdowrysoon beforethe death 3 theevidencerevealsthat even 34 dayspriorto the occurrence the accused hadplacedsuch demand The witnesses so examinedby the have withstood the test of crossexamination They are unanimous the demand raised bythe accusedand harassmentgivento her at theirhands No adequate rebuttalhasbeen givenbythe accused to explain as to whylive bodyof the deceasedwas turned into corpus at their house Thoughthe accused has set up the pleawith regardto attractingof bythe deceasedyet it has not been explained bythem asto why Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 59 Cs2 4 1 Criminal AppealNol46SB of2000 9 andwhen she had attractedthis As such desirably was dueto maltreatment suffered by her at the hands of the accused It was observedin case Salamat Ali and another versus State ofBihar AIR 1995SupremeCourt 1863 wherein the Honble Apex Court observed as under Uniformlyevery WltlleSShassaid that lhefanulymembersof the husband ie Sasuralwale had been makingdemands of Lr dowryin theformof television and scooter The naIure ofthe 0 demand is some indication The demand of scooter 0 lnust have been raised by lhe husband It I C5 cannot beexpecled OzatthefaOlernaN wouW be I a scooter for himselfor that the mother4liw needed it for her use Z The view in Salamat Ali s case upralhas also 1 beenreiteratedby a Division Bench of this Court in case Baldev Kaur md I another versus State ofPuniab 2007 RCR minaO665 and a Single 08 Bench of this Court ln case SanieevKumar versus State ofPuniab 2007 7 31All India Criminal Law Reporter181 Z Though the counsel hasarguedthat thedeceasedhadconsumed Qm the insecticide but no such was putup to the witnesses However it was to PW5 Dal that she had taken thepoisonand cominittedsuicide However the accused in hisstatement under Section 313 CrlC took a stand that his wife ParamjitKaur was underthe attack of fits and beingfed up with this ailmentshe committedsuicide This pleaappearsto be an for the reasons that the disease of epilepsygenerates from very birth but no such historyhas been provedon the record to establish that she was froin epilepsyEven otherwise Dr1armeet SinghMann a priva Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document r7 60 L a Criminal AppealN0246SB of2000 10 6DW19while appearing in the witness box has not uttered a word that the deceased was sufferingfrom epilepsybut he has givena statementthat she was sufferingfrom In the absenceof any cogent evidence that she was suffering from any such ailment it would have to be observed that this defence plea lS an No merit could be found in the other argumenthat the demand 0 ofRs500001or purchase oftractocannot be treatedas demandofdowry 0 I as lt ls not so connectedwith themarriageI am constrainedto C hold that the accused havingsome privilege over the deceased could not I conditions upon her for her well being Section 304B IPC hasbeen Z introducedto penalize the dowrydeath Explanation as has been addedto a theSection 20f the Dowrv Prohibition Act 1961 as amendeduptodate I deflnesdowryto interpret thedowrydeathwhich readsas under 06 C ln thisAct dowry means any propertyor valuable security 7 glven or agreed to begiveneitherdirectlyor indirectly e Z byone partyto a marriageto the other partyto Qm the marnage Or b9 bytheparenlof either partyto a mamage Or by any otherpersono either partyto the marriageor to anyother person at or before r any time afterthe 1 marriagen connection with the marriageof the said partiesbut does not include dower or mahr in the case ofpersons to whom the Muslim Personal Law lariao applies 5r Dowry in the sense of by Dowry Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document r 61 V 4Af Criminal AppealNoe246SB of2000 11 Prohibition Act is a demand for propertyor valuable securityhaving an inextricablenexus with the marriage 1 it is a consideration from the side ofthe brides parentsor relativesto thegroom or his parentsandlorguardian for the agreementto wed thebride4o4oe While the word dowry as detlned in the Act the Apex Court in case State ofAndhra Pradesh VSe Rai Gopal Asawa AIR 1 2004 SC 1933 observed that the definition of dowryis not restrictedto 0 agreementor demand for paymentof dowrybefore or at the marriage but Cao also includesdemandsmade to marriage I C5 Thus Oll overall analyses of the aforesaid provisionsit comes out that when the deceasedis harassed maltreated torturedOl otherwise Z met with crueltyat the handsofthe husbandor his relatives and conditions are putto meet with their demandsfor the well beingof the deceased such demandsmay be in cash or kind could be termed as dowry Be that it 08 lnay any dernandmadeout of thecompulsion for survival or livelihood due to extreme povertymay not fall within the deOnition of dowryyet the W2 Z personhavingthe intentlOn to getundue of his dominanceover the weaker sex and to exploither well beingplacesanydemand of dowry then that too also covers the dowrywhich may be subjectto penaltyunder DowryProhibition Act 1361 or the Indian Penal Code whatever the casemay be Here in this case 110 much time had passedbetween the and the death and the behaviour of the accused continued rude towardsthe deceasedas the said demandcould not be fulfilled Even after the birth of thegirlchild the behaviourof the accusedbecamerude and the factthat the accusedhad sold a tractor prlorto the marriageand may have Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document C 62 5 t 6 Criminal AppealNo246B of2000 12 the new sometimeslater doesnot vanish the evidencewith regard to demandmadebythem regarding money towardspurchase of thetractor Thus the argument that the demandof money is not a demand of dowryis brushed aside ParamjitKaur died within one year and three monthsof the marriage while livingin the houseof her in laws She being 1 0 hale and heartylady could never dreamto be of her love and 0 affection with her husband and girl child but it appears that the C3 I Circumstances and in the familycompelled her to C5 take this drasticstep To delineate while puttingmyselfinthepositionofa I prudent normal simplegirl who herselfwants to fulflll her Z dreamsof a goodhousewife would never like to see her poor parents torturedand harassedon the basis of undue demandsand 111 I such situation she would find no other way exceptto punishherself by a5 00 herselfthat she was still a burden after she broke her ties with 7 the parentalfamilyand entered the matrimonial house After all a girl Z coming from the matrimonialhousecannot be treatedas a chattelto put her C at a placeas suitingto her in laws and a petalto throw away after use She and actuallydeservesa placein the matrimonialhouse subjectto some to be madebyher in the family The accused wasputtingthe deceasedin a position to bring 9 Rs500001 to benefit himself in connectionwith the purchase of tractor without botheringthe compulsionpoverty and incapacityof the to pay the same In this of the case in all he must be imposing his dominanceover her and compelling herto bringmoneyby danger to her well being Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 63 l Criminal AppealNoe2468Bof2000 13 The conduct ofthe accusedin thiscase is also not aboveboard After the deceased had consumed insecticide in normal course some should have been madebythe accusedto save her as to takeher to thedoctor or hospitalbut nothing was done The accuseddid not informher parents about the act on the partof the deceased Rather theykeptsilent till the arrived at their houseand came to know about the death n Thereforeunder these Circumstances and on of evidence no 0 plausible view than what has been formedbythe trial Court that it was the 0 accused InderjitSinghwho was for the deathof Paramjit Kaur C As regards the quantumof sentence while peepinginto the I factsand circumstancesof the case enormity of such crime lll the present Z day no leniencycould be extended 2 Lr Resultantly this appealbeingwithout any merit is dismissed I 08 Q0 JUDGE 06052010 7 MAMTA41 Z Ll 1 Rashmi 2013.09.11 11: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document