1 L48 1 2010 1 e 1 4 IN THE HIGH CO OF PUNJAB AND HARYANA AT CHANDIGARH CriminalAppealN0392 SB of 2010 1 Dateofdecision 24 3201 1 0 0 0 MansaSingh Appellant I t5 versus Z 2 Stateof Punjab C r 1 C Z CORAM e HONBLE MRJUSTICE KCPURI OO 3 Z Present1 Mr JSVirk Advocate for the Mr ARai AAG Punjab Qe KCPURI J Mansa has directedthepresentappealagainst the and order dated 30102009 passedby Shri TRBansal AdditionalSessionsJudge6Adhoc9Patialavide which the has been convicted under Section 30443 ofthe Indian PenalCode l shon the IPC I and sentencedto rigorous for ten yearsand to pay a flne of Rs0001 and in defaultof paymentof Sne to further eeem RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 49 CrhninalAppealN0392 SB of 2010 2 rigorous for six monthswhereasacquiued all the accusedofthe charges levelledagainst them The storyin brief is that the present case was on thestatement ofKamail Singh madeto 1 0 Singhallegingthathehasgottwo sons andthree He 0 of his Jaspal Kaur with Mansa Singhaccused 0 on 2502007as per his capacity and the Mandir Committeehad also 9 andgave dowryto his Few daysaer the maniage her husbandMansa Singhher motherin law Kulwant Kaur her fmher1t1 Z law Amar SinghRupinderSinghc Laddi younger brother of her L her sisterin law PritpalKaur and GurcharanSinghhusbandof e I Kaur started and and beatingher and C0 Z her to bringmore and more dowry These personswere e 0 goldbraceletfor Mansa Singhgoldringfor her fatherin law 4 m3 Slster itl law husbandof sisterin law andgoldearrings for motherin law Z His had told him about this He ComradeHarbans tl SinghEx panchCharanSinghandRaghbirSinghwent to vill Dandrala Dhindsaand met the accusedpersonsbut of no use He tried to convince themabouthis inabilityfor meeting out theirdemands He 61rtherdeposed thatagainthatdayhe receiveda call om her daughter thatshe has been againmaltreatedand coerced to bringdowry Then he again BanarsiDass ComradeHarbans Singhand RaghbirSinghwent to Vill Dandrala Dhindsa On reaching theretheyfound thather JaspalKaur was lyingin court yardand froth was comingout ofher mouth and she was crying She told that her husband her motherin law her father 51 4 RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 50 9l CriIhinalAppealN0392 SB of 2010 3 in law her sisterin law herDevar brotherofher andher sister in law PritpalKaur and her husband Gurcharan Singhhad administered herpoison as shecouldnot 811611 theirillegaldemandof more dowryandshe for takingher to hospital in no time Thenthey m 0 tookher to Pal NursingHone Nabha where doctordeclaredher brought 0 dead Doctorgave herwritingandhe the same His has C0 been killed by her ln laws for not bringing more dowry I t9 Singhthen madehis endorsementExPW121A on his statement Then cenced Singhthen reached Z t PalNursing HomeNabhawherethedeadbodyofJaspal Kaur was lyingand 2 0 he inquestreport He then recordedthe statements of SinghandGunneetSingh were taken L0 Z Atler the of necessary the accused e were in thecourt ofIlaqa Nabha OO C On appearanceof the accused the copiesof the documents Z relied upon bythe were lmished to theaccused Thenthecase tl was committedto the Court of Sessionby the iIlaqua Nabha vide commitmentorderdated underSection304B IPC was framedagainstthe accused The accusedpleaded not guiltyand claimedtrial In orderto prove its case the examinedPW1 Ram Dial PW2 HC SarabjitSinghPW 3 SanjivKumar PW 3 ASI Baljinder Kumar doublymarked PW 5 Dr RupaPW 6 Dr Rajwant SinghPW 7 Pandit Budh Parkash Shastri PW 8 BhupinderSinghSidhu draftsmanPW 9 Kamail SinghPW10 HarbansSinghPW 11 Raghbir RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 51 1 1 CtiBtinalAppealN0392 SB of 2010 4 SinghPW 12 SinghPW 13 GurpalSinghSI PW 14 HC ManmohanSinghPW 15 C Samim Ahmed and PW 16 SantRam besides into evidencereportofthe ChemicalExamined In their statements under Section 313 Cr PC the accused W Cl have denied the of the and have pleaded their 0 innocence Theytookthepleaas underl 0 PIea ofMansa Sinehaccused I t3 I am innocent AmatjitSinghis my father and he is not I known with the name ofAmar SinghSimilarly HarbansKaur Z is my motherand she is not known in the name of Kulwant C Kaur My with JaspalKaur hadtakenin mass at Z Basanti Mata Mandi Bhadson The parentsof mywife Jaspal Kaur are poor personsand did not a to marryJaspalKaur oo me andfor thatreason theyopted to perform her ln mass Z marnage I andmy parents never made any demandof dowry 1 from JaspalKaur and we never maltreatedher My wife insistedseparateresidenceand we startedlivingseparate8om myparentsafter about one monthfrom the She franklytold me that shehadbeenmarriedagainst her wishesby her parentswith me I had been mywife that she should forgetthe past and should live in the matrimonialhome On the fate811day I had gone out ln connectlon with my work there I leamt that my wife had consumedsome substancein my absence By that 6 n RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 52 V 5 2010 timeI reached the house my wife hadalreadyexpiredI then my in lawsaboutthedeathofmywife who came and took away the deadbodyof my wife sayingthatthey will her at theirplaceMy wife committedsuicideas a S resultof frustrationdueto her being byher r parents herwishes In orderto save dignityom the 0 0 relativesand friendsmy parentsin law in connivancewith 45 theirotherrelativeshavefalsely me my parentsand I married sisterwho are alsoinnocentin thecase I never made Z anydemandof dowryfrom my wife or her parentsand never maltreatedher The other accusedalso deniedthe of I Sincetheyhave been bytrial Court and suchdetailsoftheir plea Z uls 313 CrPC need not be givenThe accusedwere called upon to lead 10 their defenceevidence 3 Z The accusedexaminedTej Kaur DW1 c DW 2 HC Jagat ll Thelearned Additional SessionsJudge ldhoc9Patialaafter the learnedcounselfor the partiesconvictedand sentencedthe Singhwhereas all the accused of the chargeslevelled againstthem vide and order dated 3002009 as aforesaid Feelingdissatisfiedwith the aforesaid and order the has the presentappeal I have heard learned counsel for the and leamed RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 53 1 1 CriminalAppealN0392 SB of 2010 6 AssistantAdvocateGeneralfor the Stateof Punjabandhavealsocare8llly thecase flle Learnedcounsel for the hassubmittedthatto prove the of offencethe is to prove the the m C2 following 0 i9 The deathof a woman shouldbecausedbybumsor 0 bodilyinjury or otherwisethanundera normal I clrcumstances 0 GO Such a deathshouldhaveoccurredwithin seven yearsof her Z iiil Soon beforeherdeath the woman was to crueltyor harassmentby her husbandor anyrelativeln connectionwith demandofdowry I So far as thelast demandof dowryarticle Z 1S concernedie not provedat all The betweenthepanies was OO solemnized in a lvlass Marriage bythe Mandir Committee No S7 dowryarticlewas givenat the timeof rather someof thearticles Z were providedby the Mandir Committee The is working as a labourer It cannot be believedthata labourerwould demand the dowryarticle Prosecutionhas failed to bringon file any specitlc demandof dowryarticles The other coeaccusedwho were similarly situatedhavebeenacquittedbythe trial Court The allegationagainst the accusedwho have been are thesame andprayer hasbeenmadefor acquittal LearnedState counsel has supported the of the trial Court andhas contendedthat all the above saidthree are made out against the The deathhastakenplacewithin four monthsof RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 54 4 Crilinal AppealN0392 SB of 2010 7 themaniageof deceasedwith the JaspalKaur died in thehouse of accuseddue to poisoningwhich is an unnaturaldeath There was demandof goldbraceletby the The otheraccusedhavebeen as thecase against themwas not provedSo prayerhasbeenmade 1 Ct for dismissalofthe appeal 0 I have givenmy considerationto the rival 0 I submissionsmadebyboththe sidesand have gone through therecordsof C5 thecase Learned counsel for the has not addressedany Z in respectof first two of offenceunderSection304B 2 C IPC ie UnnaturaldeathhastakenpIacewithin seven yearsofthe mamage I of JaspalKaur with Mansa Singh So that of offence Cl Z standsestablishedbeyondreasonabledoubt Marriage betweenthe parties 00 hastakenplaceon 2532007 and deathhastakenplaceon 2032007 1eee Within four monthsof the Unnaturaldeathis alsoprovedbythe Z medicalevidence Qm So far as the submissionmade by leamed counsel for the appellant that no dowryarticie was givensince themaniage was solemnized by Mandir Committee is concemed in this context the testimony of the witnessesis relevant Father of the deceased Kamail Singh has statedthatat thetime of he hasgivendowryarticles asdetailedin his statement as per his capacityHe has also statedthat after one month of the marriagethe started more dowryMansa Singhstarted goldbracelet HarbansSingh We 101and RaghbirSinghPW119have also lend supportto the W e RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 55 2010 8 for demandofdowryarticles at thehandsofthe Mere fact that is a labourerdoesnot raisethe that he cannot demandowryarticles The could not explainwhya young woman hadturned into corpus within a periodof four months So the 1 addressedbythe leamedcounselfor the to the eHect 0 that has failedto prove the of offenceis meritless 0 The has been ableto prove all the of offenceunder 0 Section 304B IPC beyond reasonabledoubt So in thesecircumstances I theconvictionrecordedbythetrial Courtstandsaffimed Z Leamed counselfor the has submittedthat so far C of sentence isconcemedthe trialcourt hasawarded of I tenyears The accusedis agedabout23 yearsandis the solebreadeamer of Z the family Learned counselfor the hasfurthersubmittedthat co the is suffering from trial since2007 The sentence of mn ten years awarded by the trial Court is on higherside Normallythe Z sentence awardedin the commissionof offenceunderSection304B IPC tl shouldbe seven years and to forti67his argumentshe has relied upon authoritiesKewal Krishan versus State of Puniab 2005 Ol AIJPH 1618914and Jai Bhaowan versus State of Harvana 2005 I AIJP 16252140 I have carelly consideredthe said submission The is suffering from mentalagonyfor thelastabout 4 years He is not theprevious convictnor is an accusedin anotherpending case Keepingin vlew authoritiesKewal Krishans case lsupral and P 1 RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 56 4 1 CriniinalAppealN0392 SB of 2010 9 Jai Bhaewanscase lsupralthesentence ofthe standsreduced to seven years theminimum under Section304B of the IPC insteadof ten years awardedby the trialCourt With the modiflcation lIl the sentence the appealstands 1 r 0 A copy of this be sent to the trial Court for strict 0 I C5 1 JUDGE Z 2011 dA Il l0 Z CO 7 Z 11 4 RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document