Bhola Ram vs State Of Punjab

The facts:

2. Darshan Ram married Janki Devi on 30th June, 1986 after which they resided in Darshan Ram’s house in village Mehma Sarja. The couple has a female child.

3. At the time of their marriage, Janki Devi’s family gave dowry within their means to Darshan Ram and his family. But according to the prosecution, his brothers Parshottam Ram and Bhola Ram (the appellant) and his sister Krishna Devi and mother Vidya Devi demanded more dowry from time to time.

5. About one and a half months before her death, a demand for Rs. 10,000/- was made by Janki Devi’s in-laws for the purchase of a car. Janki Devi’s father PW-2 Nath Ram borrowed this amount from PW-1 Nirbhai Singh for meeting the dowry demand. The amount was then handed over by him to Darshan Ram in the presence of other members of his family.

6. Unfortunately, Darshan Ram’s family was not fully satisfied with this payment. According to the prosecution, about a fortnight before her death, Janki Devi came to her father and told him that there was a further demand for an amount of Rs. 30,000/- for purchasing some articles for a service station proposed to be run by Darshan Ram and Bhola Ram. Thereupon, Nath Ram accompanied Janki Devi to her matrimonial home and informed Darshan Ram and the other accused that he would not be able to pay this amount. On this, Darshan Ram’s family informed him that he should pay the amount failing which he could take Janki Devi back with him. Nath Ram requested the family not to insist on the demand and left Janki Devi at her matrimonial home in village Mehma Sarja.

8. On receiving this information, Nath Ram went to village Mehma Sarja along with his brother PW-4 Sukhdev Ram. When they reached the bus stand in the village they were informed that Janki Devi had consumed poison and had taken her life, having suffered more than enough cruelty at the hands of the family of Darshan Ram. Nath Ram and Sukhdev Ram then proceeded to Janki Devi’s matrimonial home and found her lying there but no one from Darshan Ram’s family was present in the matrimonial home.

9. Nath Ram then lodged a First Information Report (FIR) in Police Station Nehianwala. On the basis of the FIR PW-7 Manminder Singh prepared an inquest report in the presence of Sukhdev Ram. On the next day, that is 7th September, 1989 PW-5 Dr. Tirath Goyal performed an autopsy on the dead body of Janki Devi. He noted that froth was coming out from her nose and mouth. Her viscera were sent to the Chemical Examiner who reported that Janki Devi had died due to having consumed an organo phosphorus insecticide which was poisonous and sufficient to cause death in the ordinary course of nature.

10. On the basis of the above details and further investigations, a charge sheet was filed against Darshan Ram and four members of his family (including Bhola Ram) under Section 304-B and Section 498-A of the IPC for causing the dowry death of Janki Devi.

11. The accused pleaded not guilty and were tried by the Sessions Judge at Bathinda.

13. It was further held that Darshan Ram, Bhola Ram and their mother Vidya Devi were living together in the same house at village Mehma Sarja and that they had demanded additional dowry from Janki Devi’s family. However, Parshottam Ram and Krishna Devi were living separately and they could not be said to have caused the dowry death of Janki Devi. Consequently, Parshottam Ram and Krishna Devi were found not guilty of the charges framed against them and they were acquitted. However, the Sessions Judge found that Darshan Ram, Bhola Ram and Vidya Devi, by their attitude and behaviour, caused Janki Devi to take the extreme step of taking her own life. These three accused were accordingly convicted for offences punishable under Section 304-B and Section 498-A of the IPC and sentenced to undergo rigorous imprisonment for a period of 7 years with fine for the offence under Section 304-B of the IPC and 2 years rigorous imprisonment for the offence under Section 498-A of the IPC.

15. In so far as Vidya Devi is concerned, her conviction was upheld by the High Court and she preferred a Special Leave Petition in this Court. She was granted special leave to appeal but during the pendency of her appeal she passed away and accordingly her appeal was disposed of.

19. We are, therefore, only concerned with the appeal filed by Bhola Ram who challenged his conviction and sentence in this Court and was granted special leave to appeal on 8th July, 2008. He was also granted bail by this Court on the same day and we are told that even today, he is on bail. Discussion

Conclusion

34. Based on the evidence available on record (or the lack of it) we have no doubt that the appeal filed by Bhola Ram ought to be allowed. It is accordingly allowed and he is acquitted of the charges against him under Section 304-B and Section 498-A of the IPC in relation to the death of Janki Devi.

35. The appeal is allowed and the conviction and sentence of Bhola Ram is set aside.

Post script

November 11, 2013