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2013 Supreme(SC) 480

Supreme Court of India
DIPAK MISRA & K.S. RADHAKRISHNAN, JJ.
Gurnaib Singh
Versus
State of Punjab
Criminal Appeal No.744 of 2013 (Arising Out of SLP (Crl.) No.6183 of 2012)
Decided On : 10-05-2013

Advocate Appeared:
For the Petitioners:Abhay Kumar, Rupesh Pandey, Ms. Neetu Jain, U.P. Singh, Advocates.
For the Respondents:Ms. Naresh Bakshi, Advocate.

Headnote:

Constitution of India, 1950 - Article 136 - India Penal Code, 1860 - Section 304B - Criminal Procedure Code, 1973 - Section 313 – Offence of punishment - Dowry death - Respect of bride in her matrimonial home glorifies the solemnity and sanctity of marriage reflects sensitivity of civilized society and eventually epitomizes her aspirations dreamt of in nuptial bliss - But manner in which sometimes brides are treated in many home by the husband in laws of great sand relatives creates feeling of emotional numbness in society - It is mattehame and grave concern that brides are burnt or otherwise their life sparks are extinguished by torture both physical and mental because of demand of dowry and insatiable greed and sometimes sans demand of dowry because of cruelty and harassment meted out to nascent brides treating them with total insensitivity destroying their desire to live and forcing them to commit suicide brutal self humiliation of Life – Held, Court referred to conditions laid down by legislature Section Code of Criminal Procedure which deals with power to postpone or adjourn proceedings and proceeded to state that first sub-section of Section Code mandates on trial courts that proceedings shall be expeditiously but words as expeditiously as possible have provided some play at joints and it is through such play that delay often creeps in trials - Even so second limb of sub section warrants for more vigorous stance to be adopted by court at further advanced stage of trial - That stage is when examination of witnesses begins - Legislature which diluted vigor of mandate contained in initial limb of sub section by using words as expeditiously as possible has chosen to make requirement for the next stage when examination of witnesses has started to be quite stern - Once case reaches that stage the statutory command is that such examination shall be continued from day to day until all witnesses in attendance have been examined – Appeal allowed partly

Judgment :

Dipak Misra, J.

1. Leave granted.

2. Respect of a bride in her matrimonial home glorifies the solemnity and sanctity of marriage, reflects the sensitivity of a civilized society and, eventually, epitomizes her aspirations dreamt of in nuptial bliss. But, the manner in which sometimes the brides are treated in many a home by the husband, in-laws r of great sand the relatives creates a feeling of emotional numbness in the society. It is a mattehame and grave concern that brides are burnt or otherwise their life-sparks are extinguished by torture, both physical and mental, because of demand of dowry and insatiable greed and sometimes, sans demand of dowry, because of the cruelty and harassment meted out to the nascent brides treating them with total insensitivity destroying their desire to live and forcing them to commit suicide a brutal self-humiliation of "Life".

3. Amarjeet Kaur, a young incipient lady, slightly more than two scores, daughter of an agriculturist, entered into wedlock with the appellant sometime in the early part of the year 1996. At the time of marriage, gifts were given as per the social customs. Sometime after the marriage, the matrimonial home, as the allegation of the prosecution unfurls, turned out to be an abode of indifference and harassment because of the demand of dowry of Rs.50,000/-by the husband and his family from her parents which could not be met due to their financial condition. Shattering the dreams that were harboured in her heart, she was turned out of her husband's house on many an occasion and, she was asked to return only if she could bring an amount of Rs.50,000/-from her parents. On 18.7.1998, Gurlab Singh, brother of the deceased, mustering courage and expecting that his sister would be treated with affection, took her to her matrimonial home and beseeched the husband and his mother to keep her as they were not in a position to give more dowry. Though she was allowed to remain in the matrimonial home, yet instead of show of affection even by affectation, she was showered with taunts and ridicules. On 27.7.1998, about 6.00 p.m., the anxious father, Sukhdev Singh, and the brother went to the house of the deceased to enquire about the well- being of the deceased and found her dead body kept in the courtyard of the house. They were convinced that she had committed suicide because of the cruelty meted out to her by the husband and his relatives and, accordingly, lodged an FIR at Joga Police Station. After the criminal law was set in motion, the Investigating Officer carried out the investigation and got the autopsy conducted on the dead body by a board of doctors consisting of three members. The doctors who conducted the post mortem on the dead body sent the viscera for chemical examination and, eventually gave their opinion that the cause of death of the deceased was due to consumption of Organo Phosphorus, a group of insecticides, which was detected in the viscera and blood of the deceased. The investigating agency, after examining the witnesses and completing other formalities laid the charge-sheet before the competent court, and in due course, the appellant along with two other accused persons, namely, Mohinder Kaur, mother of the husband, and Ajaib Singh, brother, were sent up for trial for the offence punishable under Section 304B IPC.

4. The accused persons abjured their guilt and claimed to be tried. The prosecution, in order to bring home the charges, examined Gurlab Singh, PW-1, the brother of the deceased, Sukhdev Singh, PW-4, the father of the deceased, and PW-5, Numberdar of the village who have deposed about the ill treatment and demand of dowry. Dr. Rajinder Kumar Garg, PW-2, Dr. Vijay Sidhana, PW-3, and Dr. Asha Kiran, who had conducted the post mortem on the dead body of the deceased were examined to support the cause of death. That apart, certain other formal witnesses and the Investigating Officer were examined to substantiate the prosecution case.

5. The accus






















































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