Rameshwar Dass vs State Of Punjab & Anr

Allegedly another sum of Rs. 11,000/- was paid in cash, as further demand was made by the family of the appellant. However, allegedly at the time of marriage the parents of the appellant demanded a further sum of Rs. 40,000/- in cash which could not be fulfilled. For non-fulfillment of the said demand, the deceased was allegedly tortured.

4. On receipt of a report in this behalf, ASI Mal Singh visited the hospital at about 1.20 p.m. It was at a distance of about 1 km. from the police post. Statement was made before him by Sat Paul at about 2.45 p.m. The said statement was sent to the police station and the same was recorded at 4 p.m. on the same day on the basis whereof the F.I.R. was recorded. The statement of PW-2 Raj Kumar was also recorded on the same day. Appellant was arrested on 12.06.1988.

(iv) The family of the deceased having suffered several deaths, the deceased started suffering from severe depression wherefor she was given a taveej which also goes to show that she had committed suicide.

(v) Even after the conviction, a settlement had been arrived at by and between the parties and in fact the cousin of the deceased was married to the appellant whereafter an application for compromise had also been filed.

9. The defence of the appellant was that she had been suffering from several diseases like depression, leucorrhea, abdominal trouble and was on medicine. He also denied that Sat Paul came to Bhatinda on 4.06.1988. According to him, Shri Joginder Singh Bedi was requested to inform his in- laws on telephone about the death of Sushma, whereupon his father-in-law and other relations came in the night and demanded valuables including the ornaments and on his refusal to give the same, they had filed a false case. He also alleged that he was detained by the police in the hospital.

13. The learned Sessions Judge relied upon the testimonies of Sat Paul and Des Raj. The court found corroboration in their testimonies from the fact of payment of money by way of demand drafts. The learned Sessions Judge also took into consideration the fact that some quarrel must have taken place between the spouses wherefor the telegram dated 16.04.1988 was sent to Des Raj by the appellant himself.

16. The defence of the appellant, as noticed hereinbefore, was that the relationship between the parties was cordial. An attempt was made to prove a few letters allegedly written by the deceased to the accused. The said letters were sought to be proved by one Joginder Singh Bedi. He was cited as a witness on behalf of the prosecution. He had made his statement before the police under Section 161 of the Indian Penal Code. Evidently, he was given up. The learned Sessions Judge disbelieved his testimony opining that it is wholly unnatural that he would see the deceased writing a letter. He made a statement that the deceased was writing letters to him as also his wife. The said letters were not produced. The learned Sessions Judge also took into consideration the fact that there was nothing to show as was contended by the appellant that the investigating officer took possession of the said letters wherefor no seizure memo was prepared and handed over the same to the accused. Such a statement made by Joginder was held to be wholly unnatural. The High Court in its impugned judgment endorsed the said view.

19. So far as the submission of Mr. Garg that the subsequent complaint made by father of the deceased as against the appellant for commission of an offence under Sections 405 and 406 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act ended in acquittal, is concerned, in our opinion, the same is not very relevant. The said complaint was in relation to a demand made before the marriage took place. Allegations made therein were confined to non-return of the articles which was allegedly given to the bride for her own use. Mis-appropriation of the said articles was alleged on the part of the appellant therein. The learned Magistrate while passing the said judgment of acquittal inter alia opined that whereas the letter containing the draft of Rs. 5,000/- was addressed to Rameshwar Dass, it was encashed by Rameshwar Garg.

Even in the purported letters written by the deceased to the appellant, the name of the appellant was stated to be Rameshwar Dass Garg. The learned Magistrate, therefore, in our opinion, misdirected himself in making such observations but it is not necessary for us to express any opinion thereupon.

We, however, gave an opportunity to the appellant, in our anxiety to do justice to him, to file an application for bringing the same on records. Such an application has been filed and we have taken into consideration the effect of the said subsequent judgment. As two cases, it will bear repetition to state, are on in respect of two different transactions, we are of the opinion that the same does not have any relevance in the present case. For the self- same reasons, the purported withdrawal of the criminal revision application filed by Des Raj thereagainst is also not of much relevance. Both PWs 1 and 2 in no uncertain terms stated about the demand of dowry of Rs. 40,000/-.

25. We must also notice the conduct of the appellant.

26. We, therefore, are of the opinion that there is no merit in this appeal which is dismissed accordingly.

29. The appeal, for the reasons stated above, is dismissed.