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PUNJAB & HARYANA HIGH COURT
Jitendra Chauhan, J.
Surinder Kumar
Versus
State Of Punjab
C.R.A. No. 451 of 2001,
Decided On : JANUARY 19, 2011
Dowry Death - Criminal Law - Indian Penal Code - Section 304-B - Summary of the acts and sections referenced and discussed by the court: The court discussed the essential elements of a dowry death under Section 304-B of the Indian Penal Code and referred to the legal principles established in the case of Prem Kanwar v. State of Rajasthan, 2009(1) Recent Apex Judgments 524 (SC) to determine the satisfaction of these elements. The court also considered the definition of cruelty under Section 498-A IPC and its application to mental cruelty, ultimately altering the conviction to Section 306 IPC for abetment of suicide.
Fact of the Case:
The case involved the death of a woman, Manu Madhok, who was married to the appellant and allegedly committed suicide due to harassment and demand of dowry by her in-laws. The appellant was initially convicted under Section 304-B of the Indian Penal Code.
Finding of the Court:
The court found that the death was not a dowry death as the essential elements of cruelty and harassment in connection with the demand of dowry soon before death were not satisfied. However, the court held the appellant guilty of abetment for the commission of suicide under Section 306 IPC.
Issues: The main issues were whether the death was accidental or suicidal, and whether it constituted a dowry death or abetment of suicide.
Ratio Decidendi: The court determined that the death was a suicide and not a dowry death, as the evidence did not establish the essential elements of cruelty and harassment in connection with the demand of dowry soon before death. However, the court found the appellant guilty of abetment for the commission of suicide based on the evidence of mental cruelty and the appellant's conduct.
Final Decision: The court partly allowed the appeal, altering the conviction to Section 306 IPC for abetment of suicide and sentencing the appellant to the period already undergone.
Jitendra Chauhan, J.
1. Appellant Surinder Kumar alias Kala has preferred this appeal against the judgment/order passed by the Additional Sessions Judge, Amritsar, vide which, he was convicted under Section 304-B of the Indian Penal Code and sentenced to undergo RI for a period of 10 years and to pay a fine of Rs. 10,000/- or in default of payment of fine, to further undergo RI for six months.
2. In brief, the facts of the case are that one Usha Madhok, made a statement, Ex. PW7/c, before ASI Dhian Singh, wherein she has stated that she had three children. Her daughter, Manu Madhok, was married to Surinder alias Kala, accused-appellant, about 4 to 5 months ago. At the time of the marriage, dowry articles were given according to her financial status except colour T.V. Mangat Ram, husband of Reeta, sister-in-law, `nanad of her daughter, Pinky, her `jethani, and Krishna, her mother-in-law, started beating her daughter, Manu Madhok, for demand of more dowry. She gave a sum of Rs. 2,000/- to her daughter but her in-laws were not satisfied with this amount and kept on beating her. On 1.6.1999, Surinder Kumar, accused-appellant, dropped deceased Manu Madhok in front of the house of her parents after giving her merciless beatings and fled away on his scooter. Smt. Usha Madhok came out of the house and saw her daughter weeping. On enquiry, the deceased, Manu Madhok, replied that her in-laws had beaten her and her husband dropped her there and asked her to first bring colour T.V. from her parents and thereafter, enter her in- laws house. On next day, i.e., on 2.6.1999, Smt. Usha Madhok, called her husband, Shri Surinder Kumar Bhandari and narrated the whole story to him. On 3.6.1999, she along with her daughter, Mrs. Manu Madhok and her brother, Surinder Kumar Bhandari, went to the house of her daughters in-laws and requested them that they were unable to give them colour T.V. and Smt. Manu Madhok be not beaten in future. The in-laws told to leave the daughter there. On account of maltreatment given by her in-laws, Mrs. Manu Madhok committed suicide by jumping before the train on account of non-fulfillment of the demand of dowry. Due to harassment caused by the above members of the house of in-laws, she had committed suicide. Surinder alias Kala, Rita, Mangat, Sapna, Pinki and Krishna, instigated Mrs. Manu Madhok to commit suicide.
3. On the basis of this statement, a case FIR No. 77 dated 3.6.1999 under Section 304-B of the Indian Penal Code was registered against Surinder alias Kala, Rita, Mangat Ram, Sapna, Pinki and Krishna, in Police Station, GRP, Amritsar.
4. After completion of investigation, the challan against all the accused was presented in Court. The learned Chief Judicial Magistrate committed the case to the Court of Sessions for trial as the offence was exclusively triable by the Court of Sessions.
5. The learned Additional Sessions Judge framed the charge against all the accused, except Sapna, under Section 304-B of the Indian Penal Code, to which the pleaded not guilty and claimed trial. It is mentioned here that Sapna was being proceeded separately by the Juvenile Court.
6. In order to prove its case, the prosecution examined as many as ten witnesses, namely, Kanwaljit Singh as PW1, Constable Bhupinder Singh as PW2; Dr. Jagdish Singh Gill, Junior Resident, Government Medical College, Amritsar, as PW3, Smt. Usha Madhok, mother of the deceased, as PW4; Surinder Kumar Bhandari as PW5, Rishi Ram, Draftsman, as PW-6; SI Nishan Singh as PW-7, Ramesh Kumar, Photographer, as PW-8, Harbans Lal, Train Driver, as PW-9 and Constable Ajit as PW-10.
7. Statements of the accused persons under Section 313 Cr.P.C. were recorded while putting them all the incriminating circumstances and material evidence against them to which the denied and pleaded innocence. In defence, the accused examined Inderjit Sharma as DW1 and Manjit Singh as DW2.
8. After hearing learned counsel for both the parties and perusing the material evidence on
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