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2004 Supreme(P&H) 320
PUNJAB & HARYANA HIGH COURT
Nirmal Singh, J.
Ashok Kumar
Versus
State Of Haryana
CRIMINAL APPEAL No. 123 of 1990,
Decided On : MARCH 17, 2004
The main legal point established in the judgment is that continuous harassment and cruelty, even in the absence of explicit dowry demands, can lead to the conviction of the accused under Sec.306 IPC for abetting the suicide of the deceased.
Headnote:
Dowry Death - Criminal Law - Sec.304-B IPC - Sec.198-A IPC - Sec.306 IPC - Sec.113-B of the Evidence Act - Summary of the relevant acts and sections discussed by the court: The court discussed the relevant provisions of Sec.304-B IPC, Sec.198-A IPC, Sec.306 IPC, and Sec.113-B of the Evidence Act. The court analyzed the evidence and the law to determine the applicability of these provisions in the case.
Fact of the Case:
The deceased, Shakuntla, was subjected to harassment and torture by her husband and in-laws on account of dowry demands. She ultimately committed suicide by setting herself and her children on fire. The prosecution presented evidence of the deceased's letters to her family detailing the harassment and demand for dowry. The defense argued that the letters did not explicitly mention dowry demands and that there was no evidence of harassment related to dowry demands.
Finding of the Court:
The court found that the deceased was continuously harassed and beaten by her husband, Ashok Kumar, and that this harassment led her to commit suicide. The court acquitted the other accused of the charges, but convicted Ashok Kumar under Sec.306 IPC for abetting the suicide of the deceased.
Issues: The main issue was whether the deceased was subjected to cruelty or harassment on account of demand for dowry, leading to her suicide. The court also addressed the applicability of Sec.306 IPC in the absence of a specific charge.
Ratio Decidendi: The court held that while the evidence did not explicitly mention dowry demands, the continuous harassment and beating of the deceased by her husband led to her suicide. The court also ruled that the absence of a specific charge under Sec.306 IPC did not preclude the conviction of the accused under that section, as the ingredients of Sec.304-B and 306 IPC are common.
Final Decision: The court acquitted the other accused, but convicted Ashok Kumar under Sec.306 IPC. He was sentenced to undergo RI for four years and to pay a fine of Rs.1000.00. The other accused were acquitted of the charges.
Nirmal Singh, J.
1. This appeal is directed against the judgment and order dated 30/31.3.1990 passed by learned Additional Sessions Judge, Gurgaon, vide which the appellants namely, Ashok Kumar, Sher Singh, Naresh Kumar and Kamla Devi have been found guilty and convicted and sentenced to undergo RI for seven years each under Sec.304 IPC. The accused have been further senten-ced to undergo RI for one year and to pay a fine of Rs.250.00 each under Sec.198-A IPC and in default of payment of fine, the defaulter has been further sentenced to undergo RI for two months. However, both the substantive sentences are ordered to run concurrently.
2. The prosecution story, in brief, is that Shakuntla Devi, deceased, was married with accused, Ashok Kumar in April, 1983, who was posted as Taxation Inspector in Gurgaon. The complainant, Banwari Lal, gave dowry in the marriage as per his capacity. After the marriage, it is alleged that Ashok Kumar, Sher Singh, father-in-law of deceased, Kamla, mother-in-law and Naresh Kumar, younger brother of Ashok Kumar, used to torture, teasing and started beating Shakuntla. She wrote some letters to her mother, Indira. Later on, Shakuntla left the job at Gurgaon and got employed her-self as a Teacher in a School at Rayta Kalan. Even after that, all the accused continued to harass the deceased, Sha-kuntla, on account of dowry.
3. Complainants younger brother, Bishamber Dayal and his father Ganeshi Lal went to Rayta Kalan and asked the accused not to harass Shakuntla but to no avail.
4. Shakuntla gave birth to three children, namely, Bharat, Bharti and Annu.
5. On 17.7.1988, 7-8 months prior to the occurrence, Ashok and deceased Shakuntla, with their children had shifted to Gurgaon. Ashok oftenly used to beat Shakuntla and because of this reason, he had to change rented house three/four times as the landlord got the same vacated. The complainant and his wife visited the house of the deceased, Shakuntla, and found that she was being harassed. About 20-25 days before the occurrence, Ashok Yadav, accused, had taken on rent the house of Kali Dass Kharbanda near Geeta Bhawan Mandir in New Colony Gurgaon, and started living there. Sher Singh, accused also started living with them in that house but the quarrel and taunts continued.
6. On 17.6.1988 at about 10.30 A. M. , complainant, Banwari Lal, received a message at his house that his daugh-ter, Shakuntla had caught fire and she had burnt along with her two children. They had been taken to General Hospital, Gurgaon. The complainant, Banwari Lal, went to the hospital and saw that Shakuntla had been badly burnt. She could not talk despite best efforts. Bharti and Bharat had also suffered extensive burn injuries. The complainant went to the house and found Annu lying dead with burn injuries. It is the case of the prose-cution that Shakuntla, deceased, had sprinkled kerosene oil on her person due to the harassment and torture and committed suicide. She also put the kerosene oil on Bharat, Bharti and Annu and they have also received the burn injuries in the same fire and due to these injuries, Annu died.
7. Pw-12 Gian Chand, inspector, who was posted in Police Station City, Gurgaon, received two ruqas Ex. PF/1 and PF/2 from Civil Hospital, Gurgaon, with regard to the admission of Shakuntla along with her children in the hospital. After making entry in the daily diary, he went to Civil Hospital, Gurgaon. In the way, complainant, Banwari Lal, met him. He recorded his statement, Ex. PA. After making endorsement, Ex. PA/1, he sent the statement of Banwari Lal to the Police Station, on the basis of which, FIR Ex. PA/2 was recorded.
8. After completion of the investi-gation, challan was presented before the Ilaqa Magistrate as the case was exclu-sively triable by the Court of Session, which was committed to the said Court.
9. On commitment, this case was entrusted to the Additional Sessions Judge, Gurgaon, for trial.
10. From the perusal of the docu-ments and hearing
