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2015 Supreme(P&H) 1698

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Jitendra Chauhan
CRA-S-1259-SB of 2003
Sukhdev Singh @ Sikha
v.
State of Punjab
{Decided on 20/08/2015}

Advocates:
For the Appellant:Mr. Ashok Bhardwaj, Advocate.
For the Respondent: Ms. Harsimrat Rai, DAG, Punjab.

Headnote:Dowry Demand--Demand of payment for setting up of shop; to meet household expenses and construction of house cannot be termed as dowry demand.

       (A) Indian Penal Code, 1860, S.304-B, S.306--Dowry death--Acquittal--Abetment to suicide--Wife died of natural death within 7 years of marriage--Accused was not at home when deceased committed suicide--Deceased was in company of step mother soon before death--Issue regarding property persisted in deceased parental family--Presumption of Dowry Death would not be attracted--Accused acquitted.

       (B) Indian Penal Code, 1860, S.306--Abetment to suicide--Ingredients--

       (i) person attempting suicide must be instigated by accused.

       (ii) accused must be involved in conspiracy.

       (iii) accused, by act or omissioner, should have proved intentional criminal aids are not found present.

       (C) Indian Penal Code, 1860, S.304-B--Dowry Demand--Dowry means any property or valuable security given or agreed to be given in connection with marriage--However, payments not enveloped within ambit of dowry are:

       (i) customary payment in connection with birth of a child or other ceremonies.

       (ii) money demanded for setting up of television shop.

       (iii) demand by husband to meet domestic expenses of house.

       (iv) money demanded for construction of house--Dowry Prohibition Act, 1961, S.3.

JUDGMENT

Mr. Jitendra Chauhan, J.: (Oral) - This appeal is directed against the judgment of conviction and the order of sentence dated 28.11.2002, passed by the learned Additional Sessions Judge, Sangrur whereby the appellant was ordered to undergo the rigorous imprisonment for 10 years for committing an offence under Section 304-B IPC.

2. Brief facts of the case in hand, as recorded in the opening para of the impugned judgment, are reproduced as under:-

“2. The case of the prosecution, in brief, is that on 07.02.2000 Station House Officer, Police Station, Dhuri, along with other police officials in Government vehicle No.PB-13C-3045 being driven by Kulwant Singh was present at Rajomajra in connection with patrolling. Ram Singh son of Jhanda Singh, Jat, resident of Dirba along with former Panch Labh Singh, came there who made statements Ram Singh son of Jhanda Singh Jat resident of Dirba made the statement Ex.PH that he was agriculturist and was married with Labh Kaur daughter of Bhan Singh. Out of the wed lock, two daughters namely Malkiat Kaur and Rajpal Kaur and one son Satnam Singh were born. After some time Labh Kaur dies. He solemnised marriage with Sinder Kaur sister of Labh Kaur. Thereafter he married his elder daughter Malkiat Kaur at village Uggrahan. About five years ago he married his daughter Rajpal Kaur with Sukhdev Singh alias Sukha son of Parkash Singh caste Baragi Sadh resident of Hassanpur. Two sons namely Beant Singh aged 4 years and Dhanwant Singh aged 1 year were born. His son Satnam Singh died. From his second wife two sons and two daughters were born. His fatherin- law Bhan Singh was not having any son. His wife was having two sisters. They were having 16 Killas of land, which was mutated in the name of all the three sisters and their mother equally.

3. After some time of the marriage, Sukhdev Singh started torturing his daughter Rajpal Kaur because he was demanding transfer of four killas of land in his name and he was demanding more dowry. His sonin- law Sukhdev Singh got filed a civil suit from his two daughters Malkiat Kaur and Rajpal Kaur about three years ago about the agricultural land situated at village Khadial. He also got power of attorney from them. Sukhdev Singh went to village Khadial and tried to interfere in their possession. He filed complaint with S.S.P. Sangrur which was referred to police post Mehlan. After verifying the record the police and the Panchayat did not allow Sukhdev Singh to occupy the land forcibly. Both the parties were released on bail under Sections 107/151 Cr.P.C. His daughter Malkiat Kaur made statement in the Court on the first date and withdraw the suit. Since he was apprehending that Sukhdev Singh would usurp her land. Then Sukhdev Singh turned Rajpal Kaur out of the house after beating her and asked her to bring money. His daughter Rajpal Kaur told the entire occurrence. She also withdrew the suit. Since she was also apprehending that Sukhdev Singh would usurp her land. Thereafter Sukhdev Singh took back Rajpal Kaur after making request. Then he sent Rajpal Kaur to him to bring money for the construction of the house. He paid him sum of Rs.30,000/- in three instalments. On 02.02.2000, he got started Akhand Path at Gurudwar Sahib Baissiane, Dirba. On that day, Sukhdev Singh left Rajpal Kaur at Bus Stand Dirba. He got angry with her and he returned after telling her to bring Rs.10,000/- on 4th day of February, 2000 Bhog of Akhand Path Sahib took place at Gurudwara Sahib. His daughter Rajpal Kaur disclosed to his relative gathered there that her husband Sukhdev Singh was torturing her for bringing less dowry and for not getting the land mutated in his name. On 06.02.2000 he along with his wife Sinder Kaur came to the village Hasssanpur to leave his daughter Rajpal Kaur in her house. Sukhdev Singh asked his daughter where she had brought the money with her. He told him that he had spend sufficient amount on Akhand Path. He would arrange the money very soon, and would g





























































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