Case: Rajinder Singh Vs. State Of Punjab

1. The facts of this case raises questions relating to one of the two great social evils practiced against the women of this country for centuries. In the facts presented before us, a young woman consumes pesticide having been driven to do so by repeated demands being made on her for money by the family into which she is supposed to merge her identity. Sati and dowry deaths have plagued this nation for centuries. Sati - the practice of sending a widow to her husbands funeral pyre to burn in it - was first outlawed under British Rule in 1829 and 1830 under the Governor Generalship of Lord William Bentinck in the Bengal, Madras and Bombay Presidencies. General Sir Charles Napier, the Commander-in-Chief of the British Forces in India between 1859 and 1861, is supposed to have said to the Hindu Priests who complained to him about the prohibition of Sati that "the burning of widows is your custom but in my country, when a man burns a woman alive, we hang them and confiscate all their property. Let us both, therefore, act in accordance with our national customs."2. It took free India many years before the Commission of Sati (Prevention) Act, 1987 was passed by Parliament setting down various offences relating to the commission of Sati and the trial of such offences by special courts. In this appeal, however, we are confronted with the other major problem, namely, dowry deaths. Parliament responded much earlier so far as the prohibition of dowry is concerned by enacting the Dowry Prohibition Act, 1961 under which minimum sentences were prescribed as penalty for the giving or taking of dowry. The specific menace of dowry deaths, however, was tackled by the introduction of a new provision in 1986 - Section 304B in the Penal Code together with another new provision Section 113B of the Evidence Act.Coming back to the facts of the present appeal, a young woman, namely, Salwinder Kaur was married to the appellant Rajinder Singh sometime in the year 1990. On 31st August, 1993, within four years of the marriage, Salwinder Kaur consumed Aluminium Phosphide, which is a pesticide, as a result of which her young life was snuffed out. On the same day, an FIR was lodged against the husband, his older brother and the older brothers wife. The trial court after examining the evidence of the prosecution and the defence, acquitted the appellants older brother and his wife but convicted the appellant under Section 304B and sentenced him to undergo rigorous imprisonment for seven years, which is the minimum sentence that can be pronounced on a finding of guilt under the said Section. This was done after examining in particular the evidence of PW.2 - Karnail Singh, the father of the deceased woman, PW-3 - Gulzar Singh, his elder brother and PW-4 - Balwinder Singh, Sarpanch of the village. The High Court of Punjab and Haryana confirmed the conviction and the sentence vide the impugned judgment.4. For the purpose of this appeal it is sufficient to set out the dead womans fathers evidence which has been accepted by the two courtshave three daughters and two sons, Paramjit Kaur, Manjit Kaur and Salwinder Kaur are my daughters. Salwinder Kaur my daughter was married to Rajinder Singh r/o Bathwala. She was married to Rajinder Singh four years prior to her death. After one year of the marriage, my daughter came to me and told that her husband Rajinder Singh, the brother-in-law Davinder Singh and Gurmit Kaur, present in court, are demanding money for constructing a house. She also informed me that they were quarrelling with her for the said demand of money. At the time of marriage of my daughter, I had given sufficient dowry according to my status. I told my daughter that at that moment I am not in possession of money. However, I gave she-buffalo to my daughter for taking the same to her in-laws house and asked her to pull on with the parents-in-law. After 7/8 months, when my daughter was again ill-treated by the accused, she came to me and again demanded money. The accused, present in court, were demanding and compelling my daughter to back with a promise that I would visit her shortly and on the following day, I alongwith my brother Gulzar Singh, the then Sarpanch Balwinder Singh and Ex-Sarpanch Hazura Singh went to the house of the accused in village Bathawals. On arrival at the house of the accused, the accused, present in court, along with father-in-law of my daughter were present at their house. Harjinder Singh, my son-in-law along with Gurmit Kaur and Davinder Singh were also present. I requested all of them not to quarrel with my daughter on account of demand of money. I also assured the accused that I would pay them the said amount at the time of harvesting the crop. The accused insisted about the demand of money. My daughter Salwinder Kaur visited my house 15 days prior to her death. I again pacified my daughter that I would definitely pay the amount after harvesting the crop. Salwinder Kaur was not happy for not getting the money from me. She was maltreated by the accused. After the death of Salwinder Kaur, member panchayat Harbhajan Singh of V. Bathwala and Davinder Singh accused came to my house and informed that my daughter has died after consuming some poisonous substance and I was asked to accompany them for cremating the dead body."

Reasoning:
8. A perusal of this Section shows that this definition can be broken into six distinctDowry must first consist of any property or valuable security - the word "any" is a word of width and would, therefore, include within it property and valuable security of any kind whatsoever.2) Such property or security can be given or even agreed to be given. The actual giving of such property or security is, therefore, not necessary.3) Such property or security can be given or agreed to be given either directly or indirectly.4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or to any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving dowry is concerned.5) Such giving or agreeing to give can be at any time. It can be at, before, or at any time after the marriage. Thus, it can be many years after a marriage is solemnised.6) Such giving or receiving must be in connection with the marriage of the parties. Obviously, the expression "in connection with" would in the context of the social evil sought to be tackled by the Dowry Prohibition Act mean "in relation with" or "relating to".The ingredients of the offence under Section 304B have been stated and restated in many judgments. There are four such ingredients and they are said todeath of a woman must have been caused by any burns or bodily injury or her death must have occurred otherwise than under normal circumstances;(b) such death must have occurred within seven years of her marriage;(c) soon before her death, she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and(d) such cruelty or harassment must be in connection with the demand for dowry.Given that the statute with which we are dealing must be given a fair, pragmatic, and common sense interpretation so as to fulfill the object sought to be achieved by Parliament, we feel that the judgment in Appasahebs case followed by the judgment of Kulwant Singh do not state the law correctly. We, therefore, declare that any money or property or valuable security demanded by any of the persons mentioned in Section 2 of the Dowry Prohibition Act, at or before or at any time after the marriage which is reasonably connected to the death of a married woman, would necessarily be in connection with or in relation to the marriage unless, the facts of a given case clearly and unequivocally point otherwise.