Raja Lal Singh vs The State Of Jharkhand [Alongwith ...

3. The facts of the case are that an FIR being Baghmare P.S. Case No. 229/2000 was registered under Sections 304B/34 of the Indian Penal Code against the three aforesaid appellants on the basis of the information given by Dashrath Singh (PW5), wherein it was alleged that his daughter Gayatri Devi (the deceased) aged about 19 years, was married to the appellant Raja Lal Singh on 24.4.2000 and he had given dowry according to his capacity. His daughter came back after three months of her stay at her in-laws' place and told him that her husband Raja Lal Singh, her brother-in-law Pradip Singh and her sister-in-law (Gotni) used to harass her for the demand of a 'Palang' (Bed) and a Godrej Almirah. The informant assured his daughter to fulfill those demands in January, and then his daughter went to her in-laws' place. It was further alleged that subsequently when he went to see his daughter at her in-laws' place, she again told him about the aforesaid demand of 'Palang' and 'Godrej Almirah' by the appellants and then the informant talked to his son-in-law, and his brother as well as his wife had promised them to fulfill the demand in January.

4. It is said that on 28.11.2000 one Dunia Lal Singh came to the village of the informant and informed him that his daughter has died due to hanging. On this information, the informant along with his sons Santosh Singh (PW3), Bhola Singh and Bhagirath Singh went to village Behrakudar, i.e. the village in which his daughter was married, and on reaching there he found that the dead body of his daughter was lying on a Chauki kept in a room at the upper floor of the building of the appellants. On being asked, his son-in-law stated that the deceased had committed suicide by hanging herself with a ceiling fan by tying a Sari around her neck. His son-in-law also told that since he was sleeping in the room, he could see her hanging only in the early morning when he woke up. On being further questioned by the informant, his son-in-law could not give a satisfactory reply. The informant suspected that his daughter was murdered by her husband, the brother-in-law and sister-in-law, and a colour of suicide was given to the whole occurrence of murder. The police after investigation submitted a charge-sheet under Sections 304B/34 IPC. The cognizance was taken and the case was committed to the Court of Sessions.

7. It appears that PW1 Ramesh Singh, PW2 Gobardhan Singh, PW3 Santosh Singh and PW4 Ashok Singh accompanied the informant PW5 to the in-laws' place of the deceased. PW6 is Shiv Pujan Singh, another son of the informant, who is a witness of seizure and he also identified the handwriting of the deceased written on her palm. PW7 is Dr. G.S. Prasad, who held post mortem examination of the deceased and PW8 Kamta Singh, is the Investigation Officer.

9. According to PW7 Dr. C.S. Prasad, who held the post mortem examination of the dead body, the cause of death was due to asphyxia as a result of hanging. The post mortem report was proved by him and was marked as Ext.2. However, this witness in his cross-examination stated that it was a case of suicidal death.

11. Against the aforesaid judgment of the trial court, the appellants filed appeals before the High Court which were dismissed by the impugned judgment. Hence, these two appeals.

12. As regards the appeal of Pradip Singh and his wife Sanjana Devi being Criminal Appeal No. 514/2006, we are of the opinion that the said appeal deserves to be allowed and the appellants therein deserve to be acquitted by giving them the benefit of doubt.

15. However, we are of the opinion that the appeal of Raja Lal Singh has to be dismissed. Raja Lal Singh is the husband of the deceased Gayatri and he used to live with her on the first floor of the building in question. Hence, it was for him to explain how Gayatri met with her death. She was found hanging by a Sari on a ceiling fan in the very room where she used to live with her husband Raja Lal Singh. Raja Lal Singh, however, did not enter into the witness box to depose in this connection.

19. In the present case, we are of the opinion that there is a clear nexus between the death of Gayatri and the dowry related harassment inflicted on her. As mentioned earlier, even if Gayatri committed suicide, Section 304B can still be attracted. A person commits suicide in a fit of depression due to extreme unhappiness. Thus, even if Gayatri committed suicide, it was obviously because she was extremely unhappy, and unless her husband gave a satisfactory alternative explanation for the suicide we have to take it that it was the persistent demand for dowry which led to her suicide. It is evident from the evidence that Gayatri's father was a poor man and he did not have the money to give the dowry immediately and he wanted time up to January, 2001 so that he could collect some funds from somewhere, but the appellant, Raja Lal Singh was heartless and he wanted immediate compliance of his demand. Since that was not fulfilled, he either killed Gayatri or harassed her so much that she was driven to suicide on account of the said dowry demand. The writing on Gayatri's palm is, in our opinion, not very relevant. In view of the above, we dismiss the appeal of Raja Lal Singh.

20. Resultantly, Criminal Appeal No. 513/2006 filed by Raja Lal Singh is dismissed while Criminal Appeal No. 514/2006 filed by Pradip Singh and Sanjana Devi is allowed.