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2020 Supreme(P&H) 1713

IN THE HIGH COURT OF PUNJAB AND HARYANA
Rajan Gupta, Karamjit Singh, JJ.
Kulwant Singh - Appellant
Versus
State Of Punjab And Others - Respondent
CRA-AD-701 of 2019
Decided On : 28-08-2020

Advocates Appeared:
Mr. Aditya Dassaur, Advocate, for the Appellant; Mr. I.P.S.Doabia, Additional Advocate General, Punjab, for Respondent No.1., Mr. Rahul Bhargava, Advocate, for Respondent Nos.2 to 4

Headnote:

Dowry Death - Criminal Law - Indian Penal Code, Section 304B, Section 34 - The court discussed the provisions of Section 304B IPC and the presumption as to dowry death under Section 113B of the Evidence Act. The court highlighted the lack of specific allegations of demand of dowry in the FIR and the absence of independent corroboration for the allegations made by the complainant. The court also emphasized the failure of the prosecution to prove complaints lodged by the deceased against her in-laws and the lack of reliable evidence to establish cruelty in connection with the demand of dowry. The court ultimately acquitted all the accused of the offence punishable under Section 304B IPC.

Fact of the Case:

The deceased, Reema Rana, died under abnormal circumstances in her matrimonial home within seven years of her marriage. The prosecution alleged cruelty and harassment by the accused in connection with the demand of dowry, but the court found lack of specific allegations and independent corroboration. The complainant's supplementary statement was deemed as an afterthought and unreliable. The court also noted the absence of reliable evidence to prove the alleged cruelty and demand of dowry.

Finding of the Court:

The court acquitted all the accused of the offence punishable under Section 304B IPC due to lack of reliable evidence and failure to establish a live link between the death and cruelty connected with any demand of dowry.

Issues: The key issues revolved around the allegations of cruelty and demand of dowry leading to the death of the deceased, the reliability of the complainant's supplementary statement, and the failure of the prosecution to prove the alleged complaints and establish a live link between the death and the demand of dowry.

Ratio Decidendi: The court emphasized the importance of specific allegations and independent corroboration in cases involving cruelty and demand of dowry leading to death. It highlighted the need for reliable evidence to establish a live link between the death and the alleged cruelty connected with any demand of dowry.

Final Decision: The court acquitted all the accused of the offence punishable under Section 304B IPC but held respondent No.2-Rajneesh Rana guilty under Section 306 IPC, ordering him to be taken into custody and addressing the quantum of sentence in a subsequent hearing.

JUDGMENT

Karamjit Singh, J. - By way of this appeal appellant-Kulwant Singh has impugned correctness of findings of acquittal recorded by Court of learned Sessions Judge, S.A.S. Nagar (Mohali), (for short 'trial Court') in Sessions Case No.01 dated 23.02.2017, vide judgment dated 28.03.2018, in favour of accused/respondent Nos.2 to 4, namely, Rajneesh Rana, Ajay Rana, Anita Rana and Roshni Devi.

2. The facts of the case in nutshell that complainant-Kulwant Singh was resident of Una (Himachal Pradesh). His daughter-Reema Rana (since deceased) got married with respondent No.2-Rajneesh Rana son of respondent No.5-Roshni Devi, on 10.11.2009. From the said wedlock, two daughters, aged about six years and four years, were born. Rajneesh Rana was working in a multinational company. Respondent No.3-Ajay Rana, is real brother of respondent No.2 and respondent No.5-Roshni Devi is their mother. Respondent No.4-Anita Rana is wife of Ajay Rana. After the marriage, there remained dispute between Reema Rana and her husband-Rajneesh Rana and they used to fight with each other. Rajneesh Rana used to cause mental and physical cruelty to his wife. The respectables of both the families tried to resolve the dispute between the husband and wife. About 5/6 months back, a compromise was effected and it was resolved that Rajneesh Rana, his wife and their children would live separately from the other accused. As per the said compromise, Rajneesh Rana, his wife and their children started living in Flat No.79, Savitri Green, Gazipur. Despite this, Rajneesh Rana and the remaining accused used to maltreat and harass Reema Rana and they also demanded more dowry from her parents. On 04.11.2016, before proceeding to his work place, Rajneesh Rana quarrelled with his wife and taunted her that she had given birth to two daughters and she could not bear any male child, which was required by him and the remaining accused. On the same day, i.e., 04.11.2016, Reema Rana being fed up by the cruel behaviour of the accused, consumed acid, which was lying in the house. On this, her condition deteriorated and she was taken to the J.P.Hospital, Zirakpur, for treatment by her neighbour. On 05.11.2016, the complainant came to know about the said incident and he reached the said hospital. As the condition of Reema Rana did not improve, she was shifted to PGI, Chandigarh, where she died on 05.11.2016. The FIR in this case was registered, on the basis of the statement of complainant-Kulwant Singh, under Section 304B read with Section 34 of the Indian Penal Code (for short, 'IPC') against all the aforesaid accused. The post-mortem examination on the dead body of Reema Rana was conducted on 06.11.2016. The viscera of the deceased was sent for its analysis. During investigation, the accused was formally arrested. On completion of the investigation, challan was presented against all the accused under Section 304B read with Section 34 IPC.

3. Charge under Section 304B IPC and in alternative charge under Section 302 IPC, was framed. Altogether, the prosecution examined ten witness in support of its case. Complainant-Kulwant Singh, while appearing in the witness-box, reiterated the allegations which are appearing in the FIR regarding demand of dowry coupled with cruelty meted to the deceased by the accused persons. He proved his statement (Exhibit PW1/C), which was recorded by the police on 05.11.2016. He also deposed regarding his supplementary statement (Exhibit PW1/D), which was recorded by the police on 06.12.2016. He also proved compromise deed (Exhibit PW1/A), which bears signatures of his daughter-Reema Rana. He also proved copies of complaints (Mark 'B' and Mark 'C'), which were lodged by his daughter against her in-laws, during her life time. He also proved the list of dowry articles (Exhibit PW1/B). PW3-Surjit Singh also corroborated the statement of the complainant, who is his real brother.

4. PW2-Davinder Kaur, who was residing in the neighbourhood of the deceased deposed t

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