IMPORTANT POINT
Section 432, Cr. P.C. and Article 161, Constitution of India do not apply to cases of dowry deaths.

JUDGMENT

C.K. Thakeer, J. —

1. Leave granted.

2. The present appeal is filed by the complainant, brother of deceased Anju Devi against the judgment and order dated October 31, 2006 by the High Court of Punjab & Haryana in Criminal Appeal Nos. 992-SB of 2002 and 1012-SB of 2002. By the impugned judgment, the High Court allowed the appeal No. 1012-SB/2002 filed by Vinod and partly allowed the appeal No. 992-SB/2002 filed by other accused and acquitted some of the respondents-accused for offences with which they were charged reversing the order of conviction recorded by the trial Court.

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 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 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).

6. The accused were arrested. Usual investigation was made and charge was framed. The accused pleaded not guilty to the charge and claimed to be tried.

7. The Additional Sessions Judge, Patiala in Sessions Case No. 16 of 2000 decided on June 13, 2002 held that it was proved by the prosecution that the deceased died homicidal death and all the accused were responsible for committing the said crime. They were heard on the question of sentence and the Court ordered them to undergo rigorous imprisonment for seven years and to pay fine of Rs.5,000/- each and in default, they were ordered to further undergo rigorous imprisonment for eight months.

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. Th