Case: State of Punjab Vs. Iqbal Singh &amp; Others

1. Mohinder Kaur set herself and her three children ablaze on the afternoon of 7th June, 1983, at the residence of her husband Iqbal Singh. The marriage had taken place seven or eight years before the incident. She had given birth to two daughters and a son. The deceased was working as a teacher while her husband was a clerk in the Punjab State Electricity Board office at Amritsar. Soon after the marriage there were disputes between them on the question of dowry. The demand for extra dowry strained the relations between them and the husband began to ill-treat the deceased wife. It appears that in course of time there was further deterioration in their relation-ship as a result whereof the deceased had written a letter to the Deputy Superintendent of Police on 12th October, 1977 complaining about the ill-treatment meted out to her and apprehending danger to her life and the life of her children. She had, therefore, sought police protection. However, by the time the police came to inquire into the matter there was some understanding as a result of which she had informed the police that no further action be taken for the present but her application may be kept pending. Then on 31st December, 1977 a divorce deed Exh. D-2 was executed but was not acted upon. It seems that the situation did not improve and as a result she took the extreme step of putting an end to her life as well as the lives of her three children since she apprehended that their fate would be worse after her death. However, before putting an end to her life she wrote a letter that very morning which has been reproduced in extenso in paragraph 13 of the judgment of the trial Court. The text of that letter dated 7th June, 1983 addressed to the Deputy Commissioner of Police Public Dealing Branch, Amritsar, shows that her husband was demanding Rs. 35,000 to Rs. 40,000 by way of additional dowry and was ill-treating her under the influence of alcohol on that account. She also alleged that her mother-in-law and sister-in-law also conspired and made false accusations against her and instigated her husband to beat her if she refused to bring the additional dowry. She alleges that they had conspired to kill her on the night of 6th June, 1983 by sprinkling kerosene/petrol on her but their plan misfired. She was fed up on account of the beating given to her that night. She further alleged that her children were also ill-treated by her husband and his family members. On account of these developments she states that she had taken the decision to put an end to her life and the lives of her children to spare them of the present and future agony. At the foot of the letter she appended a note to the effect that even after their death she apprehended that her husband and his family members may try to cause physical harm to her mother and younger brother and requested the police to extend to them the necessary protection. She implores that her salary. G.P. Fund and other monetary benefits to which she may be entitled from the school authorities should not fall in the hands of her husband and his relatives and may be given to some school or orphanage and her ornaments, etc. may be recovered from her in-laws and be returned to her parents. Another letter of even date was addressed to her mother (her father having since died) stating that she was fed up of the continuous tension, suffering and agony that her mother had to go through on her account as she could not meet the demand for extra dowry. She also states that apart from her husband demanding extra dowry he has started making false accusations against her and beating her time and again on that account. She further alleges that her husbands mother and sister were privy to this beating by her husband but she had some-how survived. Then she adds today I along with three children am sacrificing by fire. She ends the letter by stating that her mother need not think that her daughter was dead, in fact she will gain freedom from seven years of hell. In the letter addressed to the Deputy Commissioner of Police there is a reference to the earlier application/letter dated 12th October, 1977 by which she had complained about possible risk to life. It appears from the said letter that the police had gone to inquire into the matter two months later on 11th December, 1977 but during that intervening period the relatives of her husband had intervened and had temporarily patched up the matter. It was for that reason that she informed the police that no action was immediately necessary but still she insisted that her application may be kept pending. Thus this sub-sequent letter contains intrinsic evidence about her previous application dated 12th October, 19772. After the unfortunate incident which took place on the afternoon of 7th June, 1983, a First Information Report was lodged against the husband Iqbal Singh, by the mother of the deceased. After investigation the husband, his mother and sister were put up for trial. The Trial Court on an examination of the prosecution evidence convicted all the three accused persons under Section 306, IPC and sentenced the husband Iqbal Singh to rigorous imprison-ment for seven years and a fine of Rs 5,000, in default, rigorous imprisonment for one year. So far as the other two accused were concerned, having regard to their role and the fact that the mother was an aged and frail woman, he sentenced them to rigorous imprisonment for three years and a fine of Rs. 1,000 each, in default, rigorous imprisonment for three months3. Against this, order of conviction and sentence all the three accused persons preferred an appeal before the High Court. The High Court on a reappreciation of the evidence and having regard to the language of Section 306, IPC came to the conclusion that the prosecution evidence did not establish the ingredients of the Section, in that, there was no evidence to show that any of the accused was guilty of abetment. In this view that the High Court took, it allowed the appeal and set aside the order of conviction and sentence passed against the appellants. The State has, therefore, approached this Court by way of special leave. In the meantime the accused Manjit Kaur has passed away. The appeal is, therefore, limited to Iqbal Singh and his sister Kulwant Kaur,1. Mohinder Kaur set herself and her three children ablaze on the afternoon of 7th June, 1983, at the residence of her husband Iqbal Singh. The marriage had taken place seven or eight years before the incident. She had given birth to two daughters and a son. The deceased was working as a teacher while her husband was a clerk in the Punjab State Electricity Board office at Amritsar. Soon after the marriage there were disputes between them on the question of dowry. The demand for extra dowry strained the relations between them and the husband began to ill-treat the deceased wife. It appears that in course of time there was further deterioration in their relation-ship as a result whereof the deceased had written a letter to the Deputy Superintendent of Police on 12th October, 1977 complaining about the ill-treatment meted out to her and apprehending danger to her life and the life of her children. She had, therefore, sought police protection. However, by the time the police came to inquire into the matter there was some understanding as a result of which she had informed the police that no further action be taken for the present but her application may be kept pending. Then on 31st December, 1977 a divorce deed Exh. D-2 was executed but was not acted upon. It seems that the situation did not improve and as a result she took the extreme step of putting an end to her life as well as the lives of her three children since she apprehended that their fate would be worse after her death. However, before putting an end to her life she wrote a letter that very morning which has been reproduced in extenso in paragraph 13 of the judgment of the trial Court. The text of that letter dated 7th June, 1983 addressed to the Deputy Commissioner of Police Public Dealing Branch, Amritsar, shows that her husband was demanding Rs. 35,000 to Rs. 40,000 by way of additional dowry and was ill-treating her under the influence of alcohol on that account. She also alleged that her mother-in-law and sister-in-law also conspired and made false accusations against her and instigated her husband to beat her if she refused to bring the additional dowry. She alleges that they had conspired to kill her on the night of 6th June, 1983 by sprinkling kerosene/petrol on her but their plan misfired. She was fed up on account of the beating given to her that night. She further alleged that her children were also ill-treated by her husband and his family members. On account of these developments she states that she had taken the decision to put an end to her life and the lives of her children to spare them of the present and future agony. At the foot of the letter she appended a note to the effect that even after their death she apprehended that her husband and his family members may try to cause physical harm to her mother and younger brother and requested the police to extend to them the necessary protection. She implores that her salary. G.P. Fund and other monetary benefits to which she may be entitled from the school authorities should not fall in the hands of her husband and his relatives and may be given to some school or orphanage and her ornaments, etc. may be recovered from her in-laws and be returned to her parents. Another letter of even date was addressed to her mother (her father having since died) stating that she was fed up of the continuous tension, suffering and agony that her mother had to go through on her account as she could not meet the demand for extra dowry. She also states that apart from her husband demanding extra dowry he has started making false accusations against her and beating her time and again on that account. She further alleges that her husbands mother and sister were privy to this beating by her husband but she had some-how survived. Then she adds today I along with three children am sacrificing by fire. She ends the letter by stating that her mother need not think that her daughter was dead, in fact she will gain freedom from seven years of hell. In the letter addressed to the Deputy Commissioner of Police there is a reference to the earlier application/letter dated 12th October, 1977 by which she had complained about possible risk to life. It appears from the said letter that the police had gone to inquire into the matter two months later on 11th December, 1977 but during that intervening period the relatives of her husband had intervened and had temporarily patched up the matter. It was for that reason that she informed the police that no action was immediately necessary but still she insisted that her application may be kept pending. Thus this sub-sequent letter contains intrinsic evidence about her previous application dated 12th October, 19772. After the unfortunate incident which took place on the afternoon of 7th June, 1983, a First Information Report was lodged against the husband Iqbal Singh, by the mother of the deceased. After investigation the husband, his mother and sister were put up for trial. The Trial Court on an examination of the prosecution evidence convicted all the three accused persons under Section 306, IPC and sentenced the husband Iqbal Singh to rigorous imprison-ment for seven years and a fine of Rs 5,000, in default, rigorous imprisonment for one year. So far as the other two accused were concerned, having regard to their role and the fact that the mother was an aged and frail woman, he sentenced them to rigorous imprisonment for three years and a fine of Rs. 1,000 each, in default, rigorous imprisonment for three monthsIt may also be mentioned at this stage that accused Kulwant Kaur is a married woman who lives with her husband in another village. There is no evidence on record to show that she was at the residence of her brother on the date of the incident or immediately prior thereto to instigate her brother.

Reasoning:
9. The legislative intent is clear to curb the menace of dowry deaths, etc., with a firm hand. We must keep in mind this legislative intent. It must be remembered that since such crimes are generally committed in the privacy of residential homes and in secrecy, independent and direct evidence is not easy to get. That is why the legislature has by introducing sections 113A and 113B in the Evidence Act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are establish-ed and the unfortunate event has taken place within seven years of marriage. This period of seven years is considered to be the turbulent one after which the legislature assumes that the couple would have settled down in life. If a married woman is subjected to cruelty or harassment by her husband or his family members section 498A, I.P.C. would be attracted. If such cruelty or harassment was inflicted by the husband or his relative for, or in connection with, any demand for dowry immediately preceding death by burns and bodily injury or in abnormal circumstances within seven years of marriage, such husband or relative is deemed to have caused her death and is liable to be punished under section 304B, I.P.C. When the question at issue iswhether a person is guilty of dowry death of a woman and the evidence discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry, sec-tion 113B, Evidence Act provides that the court shall presume that such person had caused the dowryOf course if there is proof of the person having intentionally caused her death that would attract section 302, I.PC. Then we have a situation where the husband or his relative by his willful conduct creates a situation which he knows will drive the woman to commit suicide and she actually does so, the case would squarely fall within the ambit of sec-tion 306, I.P.C. In such a case the conduct of the person would tantamount to inciting or provoking or virtually pushing the woman into a desperate situation of no return which would compel her to put an end to her miseries by committing suicide. In the present case the facts clearly reveal from the divorce deed Exh. D-2 that the relations between the husband and the wife were strained even in 1977. There is intrinsic evidence in that document that the wife apprehended blood shed and harm to her children. Before the execu-tion of this document she had sought police protection by her application/letter dated 12th October, 1977. Then in April, 1983 her efforts to secure a transfer from the school where she was harassed by the Head Master were frustrated by her husband. Her husband had kept up the pressure for extra-dowry since her marriage and had stepped it up after the demise of her father on learning that her mother had received the G P. Fund, Gratuity, etc., due to her father. Since she and her mother and brother were not able to meet this demand she was subjected to considerable torture. Added to that was the anxiety caused by her husbands conduct at trying to frustrate her efforts to seek a transfer from the school where she was serving. The last straw on the camels back fell when she was severely beaten on the previous day i.e. 6th June, 1983, as is evident from her letter of 7th June, 1983. An atmosphere of terror was created to push her into taking the extreme step. It would seem it was a carefully chalked out strategy to provoke her into taking the extreme step to kill herself and her children as she apprehended that they will be much more misreable after she is dead and gone. In this fact-situation can it be said that the husband had not been responsible in creating circumstances which would provoke or force her into taking the only alternative left open to her, namely suicide? Can it be said that the husband did not realise where he was leading her by his willful conduct? We think in the peculiar facts and circumstances of the case, the trial court had rightly convicted the husband under section 306 I.P.C. We think that the High Court committed an error in reversing the conviction. We, therefore, allow this appeal, set aside the High Courts order and restore the order of conviction and sentence passed by the trial court. We cannot countenance the plea for reduction of his sentence. No order on his C.M.P10. So far as his sisters involvement is concerned, we think the evidence falls short of proof beyond reasonable doubt and, therefore, we see no reason to interfere with the High Courts orderBut counsel overlooks the fact that there is intrinsic evidence in the divorce deed that their marital life was unhappy and she apprehended blood shed as well as harm to the children even after they parted companyThis letter was written on 17th April, 1983 whereas the incident in question occurred on 7th June, 1983 i.e., more than 1½ months thereafter. The immediate cause for the extreme step taken by the deceased is clearly reflected in the two letters of 7th June, 1983. Therefore, the inference drawn by the learned counsel for the respondents from the letter of 17th April, 1983 cannot advance the defence set up by the accused persons. Iqbal Singh filed a written statement jointly with Kulwant Kaur wherein he stated that he had not helped his wife to secure a transfer as the family was having a good residence in the village and this was the real cause of quarrel between the two. The statement shows that the factum of quarrel between the husband and wife is not seriously disputed. The nature of correspondence he was carrying on with the Headmaster is not difficult to judge. He then states that he had purchased the plot in the name of his wife for Rs. 12,500 but he does not disclose the source from which the consideration for the plot came. He further states that his wife was earning Rs. 900 per month and therefore, he could never have entertained an intention to push her to committing suicide. It would, therefore, appear from the evidence placed on record that the relations between the deceased and Iqbal Singh were strained because of the latters demand for extra dowry and they worsened to such an extent that the deceased decided to put an end to her life.The trial court rendered its judgment on 23rd February, 1984 and it does not appear if the prosecution concentrated on section 113A, Evidence Act, for otherwise it would have tried to place, on record the exact date of marriage to take advantage of the presumption arising thereunder. The High Court referred to this provision but did not say anything in regard to its application. Being a rule of evidence it could perhaps have been invoked if proof regarding the exact date of marriage was laid. Since there is no cogent evidence that the marriage was solemnised within seven years from the date of incident we need not dilate on that pointIn the present case the facts clearly reveal from the divorce deed Exh. D-2 that the relations between the husband and the wife were strained even in 1977. There is intrinsic evidence in that document that the wife apprehended blood shed and harm to her children. Before the execu-tion of this document she had sought police protection by her application/letter dated 12th October, 1977. Then in April, 1983 her efforts to secure a transfer from the school where she was harassed by the Head Master were frustrated by her husband. Her husband had kept up the pressure for extra-dowry since her marriage and had stepped it up after the demise of her father on learning that her mother had received the G P. Fund, Gratuity, etc., due to her father. Since she and her mother and brother were not able to meet this demand she was subjected to considerable torture. Added to that was the anxiety caused by her husbands conduct at trying to frustrate her efforts to seek a transfer from the school where she was serving. The last straw on the camels back fell when she was severely beaten on the previous day i.e. 6th June, 1983, as is evident from her letter of 7th June, 1983. An atmosphere of terror was created to push her into taking the extreme step. It would seem it was a carefully chalked out strategy to provoke her into taking the extreme step to kill herself and her children as she apprehended that they will be much more misreable after she is dead and gone. In this fact-situation can it be said that the husband had not been responsible in creating circumstances which would provoke or force her into taking the only alternative left open to her, namely suicide? Can it be said that the husband did not realise where he was leading her by his willful conduct? We think in the peculiar facts and circumstances of the case, the trial court had rightly convicted the husband under section 306 I.P.C.