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PUNJAB & HARYANA HIGH COURT
M.L.Singhal, J.
Jaswinder Singh
Versus
State Of Punjab
Crl. Appeal No. 1314-SB of 2001,
Decided On : APRIL 22, 2002
Dowry Death - Criminal Law - Section 304-B IPC - Dowry Prohibition Act, 1961 - Evidence Act - [Section 304-B IPC, Section 113-B of the Evidence Act, Dowry Prohibition Act, 1961] - The court discussed the ingredients of Section 304-B IPC and the presumption as enshrined in Section 113-B of the Evidence Act. It highlighted the legislative history and the objective of the Dowry Prohibition Act, 1961, emphasizing the stringent provisions to punish those driving a married woman to death due to dowry demands. The court emphasized the need for the prosecution to prove the essential facts beyond reasonable doubt and the softening of the rigours through the presumption under Section 113-B of the Evidence Act.
Fact of the Case:
The case involved the death of Usha Rani, who was married to Jaswinder Singh alias Bhola. The prosecution alleged that she died due to injuries caused by her in-laws' demand for dowry, leading to a charge under Section 304-B IPC. The defense claimed that Usha Rani died due to illness and not due to any maltreatment or demand for dowry. The court examined medical evidence, witness testimonies, and the circumstances leading to Usha Rani's death.
Finding of the Court:
The court found that there was doubt regarding the cause of Usha Rani's death, whether it was due to injuries inflicted by the accused or due to a medical condition such as cerebral seizures. It noted the lack of corroboration to the prosecution's claims and the absence of conclusive evidence linking the accused to the alleged demand for dowry and subsequent maltreatment. As a result, the court held that the accused should be given the benefit of doubt and acquitted.
Issues: The key issues revolved around the cause of Usha Rani's death, the alleged demand for dowry, and the maltreatment by the accused. The court examined the evidence to determine whether the prosecution had proven the essential elements of the charge under Section 304-B IPC beyond reasonable doubt.
Ratio Decidendi: The court emphasized the need for the prosecution to establish the ingredients of Section 304-B IPC and the presumption under Section 113-B of the Evidence Act. It highlighted the legislative history and the objective of the Dowry Prohibition Act, 1961, while considering the stringent provisions to punish those driving a married woman to death due to dowry demands. The court also stressed the importance of corroborative evidence and the requirement to give the benefit of doubt to the accused in cases where conclusive evidence is lacking.
Final Decision: The court acquitted the accused, emphasizing the lack of conclusive evidence linking them to the alleged demand for dowry and maltreatment, and the presence of doubt regarding the cause of Usha Rani's death.
M.L.Singhal, J.
1. In case FIR No. 87 dated 8.7.1997 under Section 304-B IPC of PS Dera Bassi (Sessions Case No. 17-T dated 11.8.2000/13.2.1998), Additional Sessions Judge, Patiala convicted and sentenced Jaswinder Singh alias Bhola, Swaran Kaur, Ashok Kumar and Dalwinder Kaur alias Bholi to undergo RI for a period of 7 years under Section 304-B IPC for having brought about the death of Smt. Usha Rani wife of Jaswinder Singh alias Bhola (which was "dowry death" as defined in Section 304-B IPC).
2. The prosecution case, in brief, is that about 1-3/4 years ago. Usha Rani daughter of Gurnam Singh son of Kewal Ram Saini of village Bhagwanpura was married to Jaswinder Singh alias Bhola s/o Gurnam Singh alias Nam Singh Saini to village Baltana. At the time of marriage, Gurnam Singh had given dowry to Jaswinder Singh alias Bhola per his financial capacity. He had also given black and white Television in dowry. Six months after marriage, the in-laws of Usha Rani began to harass her. Usha Rani was given beating and left at the house of her parents by them saying that they should take their black and white television and give them colour television instead and fridge also. Her in-laws told her parents that if they gave them colour television and fridge only then they would take Usha Rani to the matrimonial home. Gurnam Singh (father of Usha Rani) could not fulfil the demand of her in-laws for colour television and fridge. He collected panchayat of village Bhagwanpura and took that panchayat and his daughter to village Baltana. Panchayats of village Bhagwanpura and Baltana advised the in-laws or Usha Rani to keep Usha Rani at the matrimonial home. In-laws of Usha Rani accepted this advise and Usha Rani was kept in the matrimonial home. Her in-laws, however, did not relent so far as their demand for colour television and fridge was concerned.
They continued harassing her and maltreating her as before. Usha Rani was kept at the matrimonial home for about 6 months though during that period, she was being harassed and ill-treated as their demand for colour television and fridge was not fulfilled. Thereafter, Usha Rani was given beating and turned out of the matrimonial home by Jaswinder Singh alias Bhola, his father Gurnam Singh, mother Swaran Kaur, sister Dalwinder Kaur @ Bholi and Dalwinder Kaur @ Bholis husband Ashok Kumar and father-in-law Gurnam Singh laying demand for Rs. 10,000/-. Gurnam Singh again convened panchayat of village Bhagwanpura. Usha Ranis father took that panchayat to village Baltana. At Baltana, he convened the panchayat of village Baltana. He took both the panchayats to the house of Usha Ranis in-laws. Usha Rani also accompanied them. He expressed his inability to fulfil their demand for Rs. 10,000/-. He left Usha Rani at the house of her in-laws. A few days prior to the fateful day, they came to know that the in-laws or Usha Rani had again started harassing and maltreating Usha Rani as they had not fulfilled their demand for Rs. 10,000/-. Thereupon, Usha Ranis father Gurnam Singh and mother Jai Devi went to village Baltana at the house of the accused where Jaswinder Singh alias Bhola, his father Gurnam Singh, mother Swaran Kaur, sister Dalwinder Kaur @ Bholi and Dalwinder Kaur @ Bholis husband Ashok Kumar met them where Usha Ranis father and mother were slapped by Usha Ranis father-in-law Gurnam Singh and they were driven out of the house by them who gave them threats. When they were coming out of the house of Usha Ranis in-laws. Usha Rani was also given slaps. In the morning of 8.7.1997, some body from village Baltana came to village Bhagwanpura. He informed them about the death of Usha Rani. Thereupon, Usha Ranis father Gurnam Singh collected panchayat and reached village Baltana. Usha Ranis father Gurnam Singh reported the matter to the police vide his statement Ex.PE/1 whereby he accused Usha Ranis husband Jaswinder Singh alias Bhola, sister Dalwinder Kaur @ Bholi, sisters husband Ashok Kumar, mother Swara
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