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1998 Supreme(P&H) 1558
PUNJAB AND HARYANA HIGH COURT
R.L. Anand, J.
Harjit Singh - Appellants
Versus
State of Punjab - Respondent
Cri. Appeal No. 66-SB of 1998.
Decided On : 15 December, 1998
For the Appellant :Mr. T.P.S. Mann, Advocate.
For the Respondent: Mr. Randhir Singh, DAG, Punjab.
For the Petitioner in Crl. Rev. 296 of 1998.:Mr. T.S. Sangha, Advocate.
To attract the ingredients of Section 304-B, Indian Penal Code, the prosecution is obliged to prove that the death of the woman took place due to burns or bodily injury or otherwise than under normal circumstances; that such death had occurred within 7 years of her marriage; that the victim was subjected to cruelty or harassment by her husband or any relative of her husband; and that such cruelty or harassment should be for or in connection with demand of dowry.
Headnote:
DOWRY DEATH - SECTION 304-B, INDIAN PENAL CODE - CONVICTION - ESSENTIAL INGREDIENTS - PROOF - CASE LAW.
Fact of the Case:
Jasbir Kaur, a married woman, died under unnatural circumstances within 7 years of her marriage. The prosecution alleged that she was subjected to cruelty and harassment by her husband, Harjit Singh, and his mother, Mohinder Kaur, for dowry. The trial court convicted Harjit Singh and Mohinder Kaur under Section 304-B, Indian Penal Code, but acquitted Jaspal Singh, Harjit Singh's younger brother.
Finding of the Court:
The High Court partly allowed the appeal and acquitted Mohinder Kaur, holding that the prosecution failed to prove beyond reasonable doubt that she was involved in the cruelty and harassment of Jasbir Kaur. However, the court upheld the conviction of Harjit Singh, finding that the prosecution had proved the essential ingredients of Section 304-B, Indian Penal Code, against him.
Issues: 1. Whether the prosecution proved that Mohinder Kaur was involved in the cruelty and harassment of Jasbir Kaur? 2. Whether the prosecution proved the essential ingredients of Section 304-B, Indian Penal Code, against Harjit Singh?
Ratio Decidendi: 1. The court held that the prosecution failed to prove that Mohinder Kaur was involved in the cruelty and harassment of Jasbir Kaur. The court noted that Mohinder Kaur was living with her husband in Ferozepur, which is about 150 kilometers from Bathinda, where Jasbir Kaur and Harjit Singh lived. The court also noted that there was no evidence that Mohinder Kaur had ever visited Jasbir Kaur's house or had any contact with her. 2. The court held that the prosecution proved the essential ingredients of Section 304-B, Indian Penal Code, against Harjit Singh. The court noted that Jasbir Kaur died within 7 years of her marriage due to unnatural circumstances. The court also noted that Harjit Singh had demanded dowry from Jasbir Kaur's family and that he had subjected her to cruelty and harassment in connection with the demand for dowry.
Final Decision: The High Court partly allowed the appeal and acquitted Mohinder Kaur. The court upheld the conviction of Harjit Singh.
R.L. Anand, J. - By this order, I dispose of Crl. Appeal No. 66-SB of 1998 (Harjit Singh and another v. State of Punjab) and Crl. Revision 296 of 1998 (Raghbir Singh v. State of Punjab), as both these cases have arisen from the judgment and order dated 20.1.1998, passed by the Additional Sessions Judge, Bathinda.
2. The criminal appeal No. 66-SB of 1998 has been filed by Harjit Kaur (Singh ?) and his mother Mohinder Kaur and it has been directed against the judgment and order dated 20.1.1998, passed by the Court of Additional District and Sessions Judge, Bathinda, who convicted the appellants under Section 304-B, Indian Penal Code, and sentenced them to undergo R.I. for a period of 7 years each. It may be mentioned at the very outset that along with the present appellants, Jaspal Singh alias Kaka, younger brother of Harjit Singh was also tried for the offence under Section 304-B, Indian Penal Code, but the trial Court gave the benefit of doubt to Jaspal Singh and acquitted him.
3. Crl. Revision No 296 of 1998 has been filed by Raghibir Singh, son of the complainant, for enhancing the sentence of the appellants - Harjit Singh and Mohinder Kaur.
4. The case was registered on the statement of Gurlal Singh, father of Jasbir Kaur, deceased, wherein he stated that Jasnbir Kaur was married to Harjit Singh according to Sikh rites at Maur Khurd about one year ten months prior to 27.7.1998. After about one year of the marriage of Sarabjit Singh (younger brother of appellant Harjit Singh), accused Harjit Singh, his mother Mohinder Kaur and his younger brother Jaspal Singh alias Kaka started taunting and harassing Jasbir Kaur for bringing less dowry, as the wife of Sarabjit Singh had brought a Refrigerator, Television and Cooler in the marriage. To fulfil this demand of the accused, the complainant Gurlal Singh paid Rs. 3,000/- on one occasion, Rs. 1,000/- on the other occasion and again Rs. 1,000/- on the third occasion to Mohinder Kaur, appellant. In the month of March, 1988, Gurlal Singh went to the in-laws house of his daughter Jasbir Kaur to take her when she was in the family way but the accused refused to send her with Gurlal Singh. Thereafter, his son Raghbir Singh reached Bathinda and Jasbir Kasur told her brother that he should send her father to take her otherwise, the accused would kill her at the time of the delivery. At this, Gurlal Singh reached Bathinda and took Jashbir Kaur, his daughter, with him. On 23.4.1988, a male child was born to Jasbir Kaur and unfortunately that child died on 25.4.1988. On 25.7.1988, Gurlal Singh again came to Bathinda and at that time Jasbir Kaur was normal. Gurlal Singh returned to his village. On the next day, at about 1.00 P.M. i.e. on 26.7.1988, Gurcharan Singh approached Gurlal Singh and informed him that Jasbir Kaur was ill. Thereafter, Gurlal Singh, his wife Mukhtiar Kaur, brother Santokh Singh and his son Ajaib Singh came to Bathinda to see their daughter and they saw Jasbir Kaur lying dead on a cot, which was lying in the court-yard of the house of the accused. Her clothes were stained with feacle matter and urine was lying in the baithak of the house of the accused and the other clothes were already put on her body. All the accused were present in the house and due to fear, they slipped away from the house one by one. Gurlal Singh sent his brother Santokh Singh to the village to bring the relations and he sat near the dead body of Jasbir Kaur. Thereafter, Gurlal Singh proceeded towards the Police Station to report the matter and the police party headed by Inspector Dharam Singh met him on the way. Resultantly, Gurlal Singh gave the statement, Ex.PE.
5. Inspector Dharam Singh made endorsement, Ex.PE/1 underneath the statement, Ex.PE and sent the same to the police station for the registration of the case, on the basis of which, formal FIR Ex.PD, was recorded. Inspector Dharam Singh reached the place of occurrence and prepared the inquest report, Ex.PC. On 27.7.1998, Inspector Dh
