IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Shekher Dhawan
CRA-S No. 1184-SB of 2003
Sona Devi & Ors.
v.
State of Haryana
{Decided on 29/10/2015}
(A) Indian Penal Code, 1860, S.304-B & 498-A--Dowry Death--Acquittal--Cruelty to wife--No Specific date or incident mentioned for dowry demand and harassment against father-in-law, mother-in-law and brother-in-law of deceased--Moreover, they are not even beneficiary of alleged demand of cash and scooter--Petitioners acquitted.
(B) Indian Penal Code, 1860, S.304-B & 498-A--Dowry Death--Acquittal--Relatives of Husband--Cruelty to wife--In cases where accusations of dowry deaths are made, the overt acts attributed to persons other than the husband are required to be proved beyond reasonable doubt and by mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. (Para 17)
(C) Indian Penal Code, 1860, S.304-B & 498-A--Dowry Death--Acquittal--Cruelty to wife--That a tendency has developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. (Para 17)
Mr. Shekher Dhawan, J.: - Appellants have challenged the judgment of conviction and order of sentence dated 08.04.2003, whereby all the appellants were held guilty for commission of offence under Sections 304-B and 498-A IPC and sentenced to undergo as under, vide order dated 08.04.2003: -
Names of accused
Under Sections
Sentence
Des Raj, Ranjit Singh, and Sona Devi
304-B IPC
Sentenced to undergo Rigorous Dharampal Imprisonment for a period of ten years.
498-A IPC
Sentenced to undergo Rigorous Imprisonment for a period of two years and to pay a fine of Rs.500/-/. In default of payment of fine, they shall further undergo Rigorous Imprisonment for a period of one month
2. Process of law was set into motion on the basis of complaint made by complainant Kanwar Singh to the police. As per complainant Kanwar Singh, he had two daughters, namely, Mamta and Sarita (since deceased). They were married to Dharampal and Des Raj sons of Ranjit Singh. Marriage of Sarita was solemnized 1½ years back. Mamta gave birth to a son, who was aged about 4 months, while Sarita was not having any child. Both the daughters were living separately. Sufficient dowry articles were given at the time of their marriage. However, both the daughters were being harassed by his sons-in-law and their parents for bringing inadequate dowry. Mamta told this fact when she visited her parental home. Kanwar Singh complainant, his brother Satbir and Bhim Singh, mediator at the time of marriage, visited matrimonial home of Mamta and Sarita and made humble request to Des Raj, Dharampal, Sona Devi and Ranjit Singh to keep and maintain Mamta and Sarita properly but to no effect. The harassment and torture continued.
3. After sometime, Mamta again visited her parental home and told her father that the harassment was still being given to them rather increased. The complainant sent his daughter back with a piece of advice. Sarita came back on the eve of Holi and narrated her tale of woes that her husband, Jeth, parents-in-law were harassing her a lot for bringing less dowry. Kanwar Singh expressed his inability being a poor person. Sarita had gone back to her matrimonial home reluctantly. On 03.04.2002, a day prior to the reporting of matter to the police, Om Parkash brother of Ranjit Singh came to village Ghasera with two or three other persons. Om Parkash asked the complainant to come to Gumina and told that some quarrel had taken place. It was night time. Kanwar Singh told them to return and assured them that he would come in the morning. Complainant informed his relatives and then visited village Gumina along with relatives. There he found that her daughter Sarita was lying dead with burn injuries. He inquired from his daughter Mamta and came to know that Sarita had been killed by his sons-in-law, namely, Des Raj and Dharampal and parents-inlaw of Sarita, namely, Ranjit Singh and Sona Devi for bringing less dowry.
4. On 03.04.2002, some unknown persons informed the police at about 8.00 PM that a daughter-in-law of Ranjit Singh had died on account of burn injuries. On this information, Bir Singh ASI reached village Gumina and found that Sarita was lying dead because of burn injuries. On this fact, the police started the investigation. Accused persons were arrested. Incriminating material i.e. plastic can having smell of Kerosene was recovered and was sealed on the spot with seal BS. After completion of investigation, challan was presented in the Court.
5. Charge for commission of offence under Sections 304-B and 498-A IPC read with Section 34 IPC framed against the accused. During trial, learned trial Judge recorded the statement of prosecution witnesses including statement of PW-1 complainant Kanwar Singh (father of deceased), PW-2 Mamta (sister of deceased), PW-3 Bhim Singh (mediator of marriage), PW-4 Co
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.