Dowry Death--Sentence--Awarding the extreme punishment of imprisonment for life should be used in rare cases and not in every case.

1. Learned State counsel has filed reply by way of affidavit of Shri Hardeep Singh Bhatti, PPS, Deputy Superintendent, Modern Central Sudhar Ghar, Faridkot mentioning the period of imprisonment undergone by the applicant/appellant-Harjinder Singh. The same is taken on record.

2. Heard learned counsel for the parties.

3. The criminal miscellaneous application has been filed seeking suspension of sentence of imprisonment of the applicant/appellant-Harjinder Singh during the pendency of the appeal.

4. The FIR in the case has been registered on the statement of Jasvir Singh. It is alleged by the complainant – Jasvir Singh that the daughter of his father’s sister (Bhua) namely Kulwinder Kaur (deceased) was married with Harjinder Singhapplicant/ appellant about 1¾ years earlier to the incident that occurred on 02.05.2006. It is alleged that Harjinder Singh (applicant/appellant), Kartar Singh (father-in-law) and Balwinder Kaur (mother-in-law) (accused No.3 and 4); besides, Tarsem Singh brother-in-law (husband’s brother of Kulwinder Kaur) (accused No.1) and Kuldip Kaur (accused No.5) (husband brother’s wife of Kulwinder Kaur) had harassed Kulwinder Kaur for bringing inadequate dowry. They demanded more dowry. At the time of marriage one Yamaha motorcycle, 10 tolas gold, clothes and utensils were given to Harjinder Singh (applicant/appellant) and his family. Since, the date his sister had gone to her in-laws house, the accused were not happy with the dowry that was given and had been taunting the complainant side for the inadequate dowry that was given. The complainant side tried to make them understand and also requested that they would fulfill their demands but they should not harass his sister. On 02.05.2006 at about 2.30 a.m., Iqbal Singh son of Mohinder Singh made a telephone call to the complainant that the accused had a quarrel with his sister and she had taken some poison and had died. Then the complainant Jasvir Singh and Mehal Singh along with village Panchayat went to the house of his sister at Gurusar Jodha and the dead body of his sister was seen lying in the court-yard. Her bangles and hair pins were lying scattered here and there. They reported the matter to the police and a FIR was lodged. The learned trial Court has convicted the accused for causing the death of Kulwinder Kaur under unnatural circumstances within seven years of her marriage. They have been sentenced to undergo imprisonment for life; besides, pay a fine of Rs.10000/-.

5. In terms of the affidavit that has been filed in the Court today, the applicant/appellant-Harjinder Singh has undergone imprisonment of five years, nine months and fourteen days as on 04.09.2012. This includes imprisonment of three years and thirteen days post conviction. In respect of the offence under Section 304-B IPC, the Supreme Court in the case of G.V. Siddaramesh versus State of Karnataka, [2010(1) Law Herald (SC) 681] : 2010 (1) RCR (Criminal) 949 placed reliance on an earlier three Judge Bench of the Supreme Court in the case of Hem Chand versus State of Haryana, AIR 1995 SC 120 wherein it had been observed that; Section 304-B only raises a presumption of dowry death and lays down that the minimum sentence should be seven years, but it may extend to imprisonment for life. Therefore, awarding the extreme punishment of imprisonment for life should be used in rare cases and not in every case. On the said ground, the Hon’ble Supreme Court reduced the sentence of imprisonment awarded by the High Court in the said case to ten years of imprisonment. Therefore, the learned counsel for the applicant/appellant submits that the sentence of imprisonment of Harjinder Singh (applicant/appellant) in any case is liable to be reduced.

6. This aspect would require consideration at the time of final hearing of the appeal. It may be noticed that the sentences of imprisonment of Kartar Singh (father-in-law) and Balwinder Kaur (mother-in-law) (accused Nos.3 and 4) have been suspended by th