Dharam Chand vs State Of Punjab & Ors

3. The case of the prosecution in short is that the appellant herein, a de facto complainant is brother of one Anju Devi (`deceased' for short). According to the appellant, his sister Anju Devi got married to Accused No. 1, Jolly Singla on May 18, 1997. Accused No. 2 Reshma Devi is mother in law of deceased Anju Devi. Accused No. 3 Rajesh and accused No. 4 Vinod are brothers of accused No. 1 Jolly Singla and accused No. 5 Kiran is wife of accused No. 3-Rajesh.

4. It was the case of the prosecution that at the time of marriage, the parents of the deceased Anju Devi spent an amount of Rs.3,50,000/-. They also paid substantial amount of dowry to the accused. Anju Devi 3 delivered a female child Diksha who was about two years of age at the time of incident. The allegation of the prosecution was that immediately after marriage of Anju Devi, her in-laws were harassing Anju Devi by making demands of dowry. At several occasions, deceased Anju Devi made complaints about such demands. It was stated that though substantial amount was paid by the parents of deceased Anju Devi, her in-laws were insisting for more and more amount. They were also demanding scooter, colour television, etc. As per the prosecution, parents of Anju Devi had assured in-laws of Anju Devi that their demands will be steadily met with but they should wait for some time considering the capacity of parents of Anju Devi.

5. It is alleged by the prosecution that on March 14, 2000, at about 9.00 a.m., deceased Anju Devi telephoned the appellant (her brother) that accused were harassing her and giving her beatings and were asking her to 4 leave matrimonial home. Such cruel treatment and demand for dowry was made by all the accused. According to the appellant, he came along with his brother Jai Bhagwan, Sarpanch Harbans Singh and some other people to persuade the in-laws of deceased Anju Devi, but when they reached at the house of the accused, they found dead body of deceased Anju Devi lying burnt in bath room. First Information Report was lodged being FIR No. 81 under Section 304B of the Indian Penal Code, 1860 (IPC).

8. Being aggrieved by the order of conviction and sentence, all the accused preferred appeals before the High Court. The High Court allowed the appeals filed by Rajesh, accused No. 3, Vinod, accused No. 4 and Kiran, accused No. 5 on the ground that they were residing separate from accused Nos. 1 and 2. It, however, dismissed the appeal filed by accused No. 1, Jolly Singla, husband of deceased Anju Devi and accused No. 2 Reshma Devi, mother in law of deceased Anju Devi. So far as respondent No. 2 Jolly Singla, accused No. 1-husband of deceased Anju Devi is concerned, the High Court observed that he had already undergone the imprisonment and was released. The said order is challenged by the complainant by filing the present appeal. 6

16. We see no infirmity in the reasoning of the High Court as also the conclusion arrived at. We, therefore, see no ground to interfere with that part of the order of acquittal recorded by the High Court so far accused Nos. 3 to 5 is concerned.

(emphasis supplied)

22. It is, therefore, clear that in case of dowry death, an offence punishable under Section 304B, IPC, the benefit of remission of Government Order does not apply. If it is so, in our opinion, the benefit could not be granted to respondent No. 2-husband. Hence, even if accused No.1 or accused No.2 had been released before completion of seven years, such action could not be said to be legal and lawful. If it is so, obviously, the appeal deserves to be allowed to that extent.

23. For the foregoing reasons, the appeal deserves to be partly allowed and is allowed by directing respondent No. 2 Jolly Singla to surrender to custody and to remain in jail for a period of seven years which he had to undergo as per the order of the trial Court. If such benefit is granted to accused No. 2, she also 1 had to surrender to custody till the period of seven years is over.

24. The appeal is accordingly allowed to the above extent.