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1995 Supreme(SC) 1263

SUPREME COURT OF INDIA
G.N.Ray : G.T.Nanavati
State Of Punjab
Versus
Gurdip Singh
Case No. : .
Date of Decision : 12/5/95
Advocates Appeared: Gupta Amita : Jain P.K. : Kumar Sushil : Suri R.S.

Advocates:
AMITA GUPTA, P.K.JAIN, R.S.Suri, SUSHIL KUMAR

Headnote:

Indian Penal Code, 1860 - Section 306 - Marriage ceremony - Injury - Criminal is directed against judgment dated passed by High court of Punjab and Haryana in Criminal - Appeal was preferred by respondents who were convicted by Additional Sessions Judge Amritsar on in Sessions Trial Noon charge under Section of Indian Penal Code - Accused and his and his wife were convicted under Section Indian Penal Code by learned Additional Sessions Judge - Sentenced to four years rigorous imprisonment with a fine of default to suffer further imprisonment for three months but was sentenced to three years rigorous imprisonment with fine in default to suffer further imprisonment for three months Held COURT are however unable to accept such contention of counsel appearing for State - It may be noted here that demand for dowry and oppression made account of such demand was not initially case of prosecution - Court may indicate here that no charge under Section has been made in this case and if the allegation of such demand of dowry and consequential torture on the newly married girl was there it is reasonably expected that charge Section would have been made against the accused - Only charge which has been made against accused is Section Indian Penal Code - Although mother aunt and the cousin have stated about demand of dowry and consequential ill-treatment meted out to deceased letters written by to mother and to sister and also letter written by the mother which have been exhibited in this case do not indicate in any manner that had ever been taunted or humiliated on account of dowry demand - There is also no indication in written letters that she had either been physically or mentally tortured in house of the accused - Letter by the deceased only indicates that she felt sad and was confused as to what should be done by her because her coming to aunts house or aunts visiting her in-laws house were being objected by accused and she solicited advice from her mother - The learned Judge in disposing of the appeal has referred to such letter and has indicated that had there been any case of maltreatment which could have induced her to commit suicide should have been some indication of such inducement in letters - It appears to us that quite young and yet to be seasoned with discord and unpleasantness in social intercourse and not yet gaining practical wisdom and capability of adjustment against petulance and disharmony became very sensitive and lost normal frame of mind which might have induced her to end her life before it could fully blossom Appeal dismissed

(1) CRIMINAL No. 919 of 1981 is directed against the judgment dated 29/5/1981 passed by the High court of Punjab and Haryana in Criminal No. 604 of 1979. The said appeal was preferred by the respondents who were convicted by the learned Additional Sessions Judge, Amritsar on 23/4/1979, in Sessions Trial No. 11 of 1979 on a charge under Section 306 of the Indian Penal Code. The accused Kuldip Singh and his son Gurdip Kumar and his wife Darshan Kaur were convicted under Section 306 Indian Penal Code by the learned Additional Sessions Judge. Kuldip Singh and Gurdip Kumar were sentenced to four years rigorous imprisonment with a fine of Rs. 500.00 in default to suffer further imprisonment for three months, but Darshan Kaur was sentenced to three years rigorous imprisonment with a fine of Rs. 500.00 in default to suffer further imprisonment for three months.

(2) ACCORDING to the prosecution case, the deceased Jyoti Bala was given in marriage on 12/2/1978 at Arnritsar to accused Gurdip Kumar. but shortly after the said marriage, the deceased was ill-treated by the accused as the accused felt that proper dowry had not been given by the family of the deceased. It is also the case of the prosecution that Shakuntla Devi, Public Witness 14, the sister of the mother of the deceased and Vijay Kumar, Public Witness 5, the son of Shakuntia Devi were the residents of Arnritsar. When the deceased, her sister and mother attended the marriage ceremony of Vijay Kumar at Amritsar, the deceased and her mother came in touch with the family of the accused who are also known to the family of Shakuntla Devi and Gurdip Kumar was also a friend of Vijay Kumar. Having seen the deceased, Gurdip and his parents had liked the deceased Jyoti Bala and accordingly the proposal of marriage was finalised and the marriage was solemnised on 12/2/1978 at Amritsar itself. It is the prosecution case that Jyoti Bala used to go to her aunt, Shakuntla Devi and Shakuntla Devi also used to go to Jyoti Balas house but the family of the accused did not like Jyoti Balas going to her aunts house or the members of the aunts family visiting the house of the accused. Being oppressed mentally Jyoti Bala ultimately committed suicide on 28/7/1978 and being severely burnt, she was admitted to the hospital where she succumbed to the injury on 30/7/1978.

(3) THE mother of the deceased Public Witness 4, the aunt of the deceased, Public Witness 14 and the cousin brother of the deceased Vijay Kumar, Public Witness 5 have deposed that the accused had been making demands on account of dowry and on one occasion in Calcutta a sum of Rs. 5,000.00 had been paid by Public Witness 4, the mother of the deceased, but such payment did not satisfy their demand and Jyoti Bala used to be taunted and oppressed. Public Witness 6 Madhuban has been examined by the prosecution and the said Madhuban has stated that only about 15 minutes before the incident, he had been to his friends house which was very close to the house of the accused and therefrom he heard some noise coming from the house of the accused and he heard that Jyoti Bala was being instigated to commit suicide by burning or by drowning.

(4) IT also appears that a number of letters written by the deceased to her mother and sister in Calcutta and letter written by the mother to the deceased have been exhibited in this case and such letters are of April 4, May 29, July 18 and 27, 1978. The letter dated 18/7/1978 is written by the mother of the deceased to the deceased and the letter dated 27/7/1978 had been written by the deceased Jyoti Bala to her mother. The learned Additional Sessions Judge came to the finding that Jyoti Bala had been ill-treated and when for a number of days she had not taken meal, nobody from amongst the accused had asked Jyoti Bala to take food and they neglected her. The learned Additional Sessions Judge also came to the finding that demand of dowry had been made by the accused and the little gi





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