Baljinder Kaur vs State Of Punjab

2. Briefly stated case of the prosecution is as follows: Marriage of Sharanjit Kaur (deceased) was solemnized with second accused-Pritam Singh in the month of January 1997. Although PW-4 - Joginder Singh (father of the deceased) gave sufficient dowry at the time of his daughter’s marriage, after two months of her marriage, the deceased told her father and Harbans Singh-the mediator of marriage that the second accused-Pritam Singh and his family members were demanding dowry and harassing her. About two months after the marriage, the appellant-Baljinder Kaur (sister-in-law) demanded for a gold karra as dowry. PW-4, the father of the deceased could not meet the demand of dowry, so he brought his daughter back to his house. After one month, at the request of her in-law’s, Sharanjit Kaur was sent back to her husband’s house; but again after one month, she returned to her maternal house with the same demand of karra. Two days prior to her death i.e. on 24.08.1997, second accused-Pritam Singh took her back to the matrimonial house. On 25.08.1997 at about 6.00 P.M., first accused-Sohan Singh came to the house of PW-4 and informed him about deceased’s illness. Immediately, PW-4 along with Darshan Singh (PW-5) and Harbans Singh rushed to the house of the accused and found Sharanjit Kaur vomiting and in a critical condition. The deceased stated that the accused had beaten her and administered some poisonous substance to her. PW-4 and others took the deceased to the hospital at Raikot, but she died on the way to the hospital.

3. PW-4 set the law in motion by lodging complaint on the next day i.e. 26.08.1997 at 11.00 A.M. with sub-inspector of police (PW-8) at Raikot. On the basis of the complaint, FIR No. 86 was registered on 26.08.1997 under Section 304B IPC. Board of Doctors consisting of PW-1-Dr. Varinder Singh, Medical Officer and two other doctors conducted autopsy on the body of deceased-Sharanjit Kaur, and opined that the cause of death of the deceased was poisoning. On completion of the investigation, charge sheet was filed against first accused-Sohan Singh (father-in-law), accused No.2 - Pritam Singh (Husband), accused No.3-Surjit Kaur (mother-in-law) and accused No.4-Baljinder Kaur (sister-in-law) under Section 304B IPC.

4. To bring home the guilt of the accused, prosecution has examined nine witnesses and exhibited documents and material objects. To substantiate their defence the accused examined two defence witnesses. The accused were questioned under Section 313 Cr.P.C. about the incriminating evidence and materials and the accused denied all of them. Upon consideration of evidence, trial court found the accused guilty and convicted all the four accused under Section 304B IPC and sentenced each of them to undergo rigorous imprisonment for seven years. Aggrieved, the accused filed appeal before the High Court. Criminal Revision was also filed by PW-4, Joginder Singh, father of the deceased for enhancement of sentence. The appeal and the revision were disposed of by an order dated 11.08.2010 whereby the High Court dismissed the criminal revision and confirmed the conviction of the appellant and Pritam Singh while acquitting father-in-law and mother-in-law. This appeal assails the legality and correctness of the judgment of the High Court affirming appellant’s conviction and the sentence of imprisonment imposed on her.

5. Pritam Singh, husband of the deceased, had undergone the entire sentence of imprisonment imposed on him and the appeal preferred by him was dismissed as infructuous by separate order dated 5.11.2014.

10. The criminal investigation plays an important and special role in the administration of criminal justice. The investigating officer plays a pivotal role in the dispensation of criminal justice and the maintenance of law and order. Police investigation is therefore the foundation stone on which the entire edifice of the criminal law rests. It is by the action of the investigating officer that the criminal law becomes an actual positive force. Proper investigation is necessary for obtaining a complete picture of all the relevant issues because it will provide the information necessary to conduct a comprehensive investigation. Any omission and commission by the investigating officer may result in miscarriage of justice and prosecution results in acquittal. Being the foundation stone of the prosecution, the investigating officer must be trained to adopt proper techniques of investigation and scientific temper must be inculcated in them. The investigation must be conducted in an unbiased manner and investigation must be with objectivity and dispassionate approach to men and matters and the investigating officer must make a truthful presentation of the materials collected. As noticed earlier, investigation of the case at hand lacks credibility. Since occurrence was of the year 1997, we are not inclined to go into the details of the lapses in the investigation and issue any further direction.

21. There is no evidence showing any persistent dowry demand or the conduct of the appellant subjecting Sharanjit Kaur to cruelty or harassment for or in connection with dowry. About twenty days prior to the occurrence, when Sharanjit Kaur went to her father’s house, she only generally stated about the dowry demand. She had not specifically stated about the demand of dowry by the appellant. In their evidence PWs 4 and 5 have stated that on 25.8.1997, they went to the house of Pritam Singh in village Burj Naklian, all the accused except appellant-Baljinder Kaur were in the house. After the alleged demand of gold karra two months after the marriage, Sharanjit Kaur went to her house, again came back to the marital house and again went to her father’s house and again came back to the marital house. In our considered view, the alleged demand of gold karra about two months after the marriage cannot be said to constitute a proximate live link with the death of deceased Sharanjit Kaur and the conviction of the appellant under Section 304B IPC cannot be sustained.

23. In the result, conviction of the appellant under Section 304B IPC is set aside. The appellant is convicted under Section 498A IPC and sentenced to undergo the period already undergone by her. The appeal is partly allowed to the extent indicated above. The appellant is on bail. The bail bond shall stand discharged.

November 19, 2014