SUPREME COURT OF INDIA
M. AHMADI, V. RAMASWAMI AND K. RAMASWAMY, JJ.
The State of Punjab, Appellants
Versus
Singh and others, Respondents.
Criminal Appeal No. 325 of 1987
Indian Penal Code, 1860 – Section 306 – Appeal against Acquittal - Demand for extra dowry strained - Ill-treat deceased wife - Abetment of suicide - Deceased was working as a teacher while her husband was a clerk in Punjab State Electricity Board office at Amritsar - Soon after marriage there were disputes between them on question of dowry - Demand for extra dowry strained relations between them and husband began to ill-treat deceased wife - It appears that in course of time there was further deterioration in their relationship as a result where of deceased had written a letter to Deputy Superintendent of Police complaining about ill-treatment meted out to her and apprehending danger to her life and life of her children - She had, therefore, sought police protection - However, by time police came to inquire into matter there was some understanding as a result of which she had informed police that no further action be taken for present but her application may be kept pending - Then on 3]st December, 1977 a divorce deed Exh. D-2 was executed but was not acted upon - It seems that situation did not improve and as a result she took extreme step of putting an end to her life as well as lives of her three children since she apprehended that their fate would be worse after her death - Held, It would seem it was a carefully chalked out strategy to provoke her into taking extreme step to kill herself and her children as she apprehended that they will be much more misreable after she is dead and gone - In this fact situation can it be said that the husband had not been responsible in creating circumstances which would provoke or force her into taking only alternative left open to her, namely suicide? Can it be said that husband did not realise where he was leading her by his wilful conduct? We think in peculiar facts and circumstances of case - Trial Court had rightly convicted husband under S. 306, I.P.C – Court think that High Court committed an error in reversing conviction - Court therefore, allow this appeal, set aside High Courts order and restore order of conviction and sentence passed by trial Court – Court cannot countenance plea for reduction of his sentence - No order on his C.M.P - So far as his sisters involvement is concerned, we think evidence falls short of proof beyond reasonable doubt and, therefore, we see no reason to interfere with High Court order - States appeal dismissed.
JUDGMENT
AHMADI, J.:—Mohinder Kaur set herself and her three children ablaze on the afternoon of 7th June, 1983, at the residence of her husband lqbal Singh. The marriage had taken place seven or eight years before the incident. She had given birth to two daughters and a son. The deceased was working as a teacher while her husband was a clerk in the Punjab State Electricity Board office at Amritsar. Soon after the marriage there were disputes between them on the question of dowry. The demand for extra dowry strained the relations between them and the husband began to ill-treat the deceased wife. It appears that in course of time there was further deterioration in their relationship as a result where of the deceased had written a letter to the Deputy Superintendent of Police on 12th October, 1977 complaining about the ill-treatment meted out to her and apprehending danger to her life and the life of her children. She had, therefore, sought police protection. However, by the time the police came to inquire into the matter there was some understanding as a result of which she had informed the police that no further action be taken for the present but her application may be kept pending. Then on 3]st December, 1977 a divorce deed Exh. D-2 was executed but was not acted upon. It seems that the situation did not improve and as a result she took the extreme step of putting an end to her life as well as the lives of her three children since she apprehended that their fate would be worse after her death. However, before putting an end to her life she wrote a letter that very morning which has been reproduced in extenso in paragraph 13 of the judgment of the trial Court. The text of that letter dated 7th June, 1983 addressed to the Deputy Commissioner of Police, Public Dealing Branch, Amritsar, shows that her husband was demanding Rs. 35,000 to Rs. 40,000 by way of additional dowry and was ill-treating her under the influence of alcohol on that account. She also alleged that her mother-in-law and sister-in-law also conspired and made false accusations against her and instigated her if she refused to bring the additional dowry. She alleges that they had conspired to kill her on the night of 6th June, 1983 by sprinkling kerosene petrol on her but their plan misfired. She was fed up on account of the beating given to her that night. She further alleged that her children were also ill-treated by her husband and his family members. On account of these developments she states that she had taken the decision to put an end (to) her life and thives of her children to spare them of the present and future agony. At the foot of the letter she appended a note to the effect that even after their death she apprehended that her husband and his family members may try, to cause physical harm to her mother and Younger brother and requested the police to extend to them the necessary protection. She implores that her salary, G.P. Fund and other monetary benefits to which she may be entitled from the school authorities should not fall in the hands of her husband and his relatives and may be given to some school or orphanage and her ornaments, etc. may be recovered from her in-laws and be returned to her parents. Another letter of even date was addressed to her mother (her father having since died) stating that she was fed up of the continuous tension, suffering and agony that her mother had to go through on her account as she could not meet the demand for extra dowry. She also states that apart from her husband demanding extra dowry he has started making false accusations against her and beating her time and again on that account. She further alleges that her husbands mother and sister were privy to this beating by her husband but she had somehow survived. Then she adds today 1 along with three children am sacrificing by fire. She ends the letter by stating that her mother need not think that her daughter was dead, in fact she will gain freedom from seven ye
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