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2003 Supreme(P&H) 1549

PUNJAB AND HARYANA HIGH COURT
V.M. Jain, J.
Surinder Kumar - Appellant
Versus
State of Punjab - Respondent
Criminal Appeal No. 322-SB of 1991.
Decided On : 12 November, 2003

Advocates Appeared:
For the Appellant :Shri Baljinder Singh, Advocate.
For the Respondent: Mrs. Radhika Suri, AAG, Punjab.

Headnote:

Dowry - Criminal Law - Indian Penal Code - Section 304-B, Section 498 - Summary

Fact of the Case:

The accused was acquitted under Section 302 but convicted under Sections 304-B and 498 of the Indian Penal Code for the death of his wife. The prosecution alleged that the accused had maltreated and demanded dowry from the deceased, leading to her death.

Finding of the Court:

The court found that there was no evidence to prove that the accused had maltreated the deceased after shifting to Amritsar, and the allegations were based on hearsay evidence. The court upheld the conviction under Section 498-A but set aside the conviction under Section 304-B, reducing the sentence to the period already undergone by the accused.

Issues: The main issue was whether the accused had maltreated the deceased and demanded dowry, leading to her death.

Ratio Decidendi: The court held that there was no proximity between the alleged cruelty or harassment and the death of the deceased, and the evidence provided by the prosecution was insufficient to prove the accused's guilt under Section 304-B. However, there was sufficient evidence to convict the accused under Section 498-A based on the cruelty inflicted on the deceased.

Final Decision: The appeal was partly allowed, setting aside the conviction under Section 304-B and reducing the sentence under Section 498-A to the period already undergone by the accused.

JUDGMENT

V.M. Jain, J. - This appeal has been filed by accused-appellant Surinder Kumar against the judgment and order dated 27.1.1991 passed by the Additional Sessions Judge, Amritsar acquitting the accused-appellant under Section 302 Indian Penal Code but convicting him under Sections 304-B and 498 Indian Penal Code and sentencing him to undergo RI for seven years and to pay fine of Rs. 1000/- and in default of payment of fine to undergo further RI for three months under Section 304-B Indian Penal Code and also sentencing him to undergo RI for two years and fine of Rs. 100/- and in default of payment of fine to undergo further RI for two months under Section 498-A Indian Penal Code and directing both the sentences to run concurrently.

2. The FIR in this case under Sections 306/201 Indian Penal Code was registered in Police Station E Division, District Amritsar on 11.6.1988 at the instance of Kharaiti Lal PW. Kharaiti Lal PW had produced application Exhibit PF dated 5.6.1988 before the SP, alleging therein that he had married his daughter Smt. Manju with accused Surinder Kumar on 2.5.1982 and after the marriage his daughter Manju, whose name was changed by her in-laws as Kanchan, started residing at the house of her in-laws. It was alleged that after 3-4 months her in-laws told her to bring Rs. 5000/- so that some work could be started whereupon his wife after selling her ornaments gave Rs. 5000/- so that her husband may start work. At that time his daughter had told him that her husband Surinder after he starts earning would return the said money but accused Surinder Kumar did not return the money. It was alleged that when his daughter Manju alias Kanchan was to deliver a child, six months prior thereto, she was sent to her parents house saying that if the child was to be delivered at the house of her in-laws then she should bring Rs. 2000/- from her parents and since they could not arrange the said money, the child was delivered at their place (complainants place). It was alleged that after the birth of a child they brought her after many months to Batala. It was alleged that after a month thereof, the accused side started giving her beatings and after a month they kept the child with them and turned out Manju alias Kanchan from their house after giving her beatings and the neighbours brought her to the complaints house and thereafter she stayed with them for three months and since no-one from the accused side came to take her, his wife Raj Rani took Manju/Kanchan to the house of her in-laws but they refused to keep her with them. It was alleged that thereafter a Panchayat was held and when his wife went to leave her to the house of her in-laws, the family members of her in-laws gave a push to Manju/Kanchan and the neighbours got her admitted in the hospital and the matter was reported to the Police. It was alleged that thereafter the matter was compromised with the intervention of neighbours, and accused Surinder Kumar was got released from custody and the accused brought her to their house. It was alleged that thereafter the accused continued maltreating Manju/Kanchan. It was alleged that thereafter when the neighbours threatened to take action against them, accused Surinder Kumar brought her to Amritsar and now they were residing at Amritsar. It was alleged that even after coming to Amritsar, he continued to maltreating Manju/Kanchan and he used to giving her beatings and the persons residing in the Mohalla were in the know of it. It was further alleged that thereafter they came to know from time to time that the accused used to give her beatings but out of fear and being poor persons they could not bring her to their house It was alleged that on 2.6.1988, he received two telegrams at about 4.00 p.m. In one of the telegrams, it was mentioned that her condition was serious and in the other telegram, it was mentioned that she had expired, whereupon they immediately left for Amritsar and on 3.6.1988 they reached there they c












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