IMPORTANT POINTS
Cruelty and harassment, physical or mental, has to continuous and during the close proximity of time of death for attracting section 498A, IPC.
Onus to rebut presumption under section 113B, Evidence Act lies on the accused.

JUDGMENT

Dr. B.S. Chauhan, J. —

1. This criminal appeal has been preferred against the judgment and order of the Punjab and Haryana High Court at Chandigarh dated 5th May, 2004 in Criminal Appeal No. 708-SB of 1998, by which the conviction of the appellant by Additional Sessions Judge, Gurgaon, vide judgment and order dated 22nd August, 1998 and 25th August, 1998 for offences under Sections 498-A, 304-B and 306 of Indian Penal Code, 1860 (hereinafter referred as ‘IPC’) and awarding the sentence to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for two months, has been upheld. However, for the offence under Section 304-B IPC sentence to undergo for ten years and pay a fine of Rs.2,000/- in default of payment of fine, to further undergo rigorous imprisonment for six months, has been reduced to seven years with fine.

2. Facts and circumstances giving rise to this case are that the appellant was married to Sarla (deceased) on 4th April, 1988. An FIR was lodged by Shyam Lal (PW.4) father of Sarla (deceased) on 25th June, 1991 making allegations that the appellant, his mother, brother and sister-in-law had consistently harassed his daughter Sarla (deceased) by making dowry demand i.e. a scooter. She had been maltreated by them. After one year of marriage, Sarla (deceased) came and stayed with her family for about 14 months. It was only after convening a panchayat of close relatives, she had returned to her matrimonial home. Again they maltreated and insisted for the demand of a scooter, thus, she had been subjected to cruelty, harassment by demand of dowry to the extent that she committed suicide on 25th June, 1991, at her matrimonial home.

3. After investigation of the case, the prosecution filed the chargesheet against the appellant and his mother Smt. Shanti Devi and charges were framed against them under Sections 498-A, 304-B and 306 IPC. The said two accused pleaded not guilty, thus, they were put on trial. It was on 17th May, 1995, that in view of the evidence of the prosecution witnesses, the learned Sessions Judge in exercise of his power under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) summoned the other two accused Ashok Kumar, brother and Smt. Shakuntala, sister-in-law of the appellant and charges were reframed against all the four accused under Sections 498-A, 304-B and 306 IPC vide order dated 6th July, 1995.

4. In order to substantiate its case, the prosecution examined several witnesses including complainant Shyam Lal (PW.4), Gulshan (PW.5), brother of Sarla (deceased), Dr. B.B. Agarwal (PW.1), Shri Arjun Singh Yadav, ASI, (PW.6), Constable Jai Pal (PW.2), Shri Mool Chand Punia, Draftsman (PW.3), and other formal witnesses.

5. While making their statement under Section 313 Cr.P.C., the accused persons denied all the allegations against them and set up the defence as under:

“Sarla was in love with some other person. She was forced to marry with accused Bansi Lal against her will, due to which she felt suffocated and committed suicide, leaving a suicide note to that effect. There was no demand of Scooter.”

Further, accused Ashok Kumar (A.3) and Shakuntala (A.4) pleaded that they had been living separately from the appellant and his mother and they had no involvement so far as the demand of dowry was concerned. In defence only three witnesses i.e. Bal Kishan, an official of HSEB (DW.1), Vidya Nand, an Inspector of Food and Supplies Department (DW.2) and Surender Singh, Sarpanch of the village Gram Panchayat (DW.3) were examined only to prove that accused Ashok Kumar (A.3) and Shakuntala (A.4) were living separately from the appellant and his mother Smt. Shanti Devi.

6. After considering the entire evidence on record and the submissions made by the prosecution as well as defence, the trial court convicted the appellant and his mother Smt. Shanti Devi under Sections 498-A, 304-B and 3