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2012 Supreme(UK) 320
UTTARAKHAND HIGH COURT
Hon'ble Mr. Chief Justice Barin Ghosh and Hon’ble Mr. Justice U.C. Dhyani
Criminal Appeal No. 390 of 2003
GOVIND SINGH & THREE ORS. – Appellants
Versus
STATE OF UTTARANCHAL – Respondent
Decided on : 24.07.2012
For the Appellants :Mr. G.s. Negi (Amicus Curiae) Advocate
For the Respondent: Mr. Amit Bhatt, Dy. Adv. General assisted by Mr. V.P. Bahuguna, Brief Holder
Headnote:Indian Penal Code, 1860, Sec. 304-B and 498-A — Dowry Death — Establishment of — Ingredients for — According to PW1 his sister was subjected to cruelty or harassment by her husband and her in-laws — Such cruelty/harassment was in connection with the demand of dowry — They used to beat his sister — And such demand continued and persisted till (soon before) her death — His testimony was corroborated by the oral evidence of other witnesses and documentary evidence in the form of letters written to him by victim — Held that the victim died otherwise than under normal circumstances — Therefore elements of cruelty/harassment meted out to her soon before her death — The ingredients of dowry death corroborated by PW1 and PW2 and letters Ext. Ka-1 and EXt. Ka-2 — Fully proved by the prosecution beyond reasonable doubt that the victim died an unnatural death — Under facts and circumstances no escape for the accused/appellants — Conviction and sentence recorded by the trial court against the accused/appellants u/S’s 304-B and 498-A, IPC, affirmed.
(Paras 25 to 27)
Hkkjrh; n.M lafgrk] 1860] /kkjk 304-B vkSj 498-A & ngst e`R;q & LFkkiuk & ds la?kVd & PW1 ds vuqlkj mldh cgu dks mlds ifr o llqjky okyksa }kjk izrkfM+r fd;k tk jgk Fkk ngst ds fy, & ;g ngst dh ek¡x mldh e`R;q le; rd tkjh Fkh & PW1 ds lk{; dh iq”Vrk vU; xokgksa o e`rdk }kjk i=ksa ls dh xbZ & /kkfjr fd ihfM+rk dh e`R;q vlk/kkj.k ifjfLFkfr;ksa esa gqbZ Fkh vfHk;kstu }kjk iw.kZ :i ls fu;ksftr fd e`rdk dh e`R;q vlk/kkj.k Fkh vkSj ngst dh ek¡x ds dkj.k gqbZ Fkh & vfHk;qDrksa@vihykfFkZ;ksa ds fy, dksbZ ekQh ugha] U/Ss 304-B o 498-A ds rgr nks”k fl)A ¼izLrj 25 ls 27½
Per: U.C. Dhyani, J.
In the present criminal appeal, criminal law was set into motion at the instance of informant Bhagat Singh Aswal, brother of the deceased. In his complaint (Ext. Ka-5) submitted to Sub Divisional Magistrate, Kotdwar on 26.08.1995, the informant stated that he was working as Rifleman in the Indian Army and was a resident of village Jamal (Dabralsuin). It was also stated that his sister was married to Yogambar Singh s/o Govind Singh, resident of village Teel (Bhawansi), Post Bhawansi, Patti Ajmer (Valla) in the month of April 1993 according to Hindu rites and rituals. It was alleged that one year after her marriage, the sister of the informant was subjected to cruelty by her in-laws for non-fulfillment of demand of dowry and ultimately his sister was told to bring Rs. 50,000/- from her parents and brother. The informant in his complaint stated that being a soldier he could not afford to fulfill such a huge demand and as a result, his sister was done away with on 14.07.1995. His father was forced to put his signatures on some papers under compulsion. Dead body of his sister was cremated on 15.07.1995 by 17 persons without obtaining medical report. The delay in lodging the complaint was also explained by the informant saying that he received the news one month later during his posting at border area and he could reach the village on 20th August only to know from his parents that his sister was done away with for demand of dowry.
2. On the basis of said complaint the Sub Divisional Magistrate directed the Naib Tehsildar and Patwari, Ajmer Valla to lodge an FIR on 26.08.1995 and start investigation of the case. Subsequently an FIR was filed. On the basis of said FIR, chick FIR (Ext. Ka-7) was lodged on 03.09.1995 at 11:00 P.M. and a Case Crime No. 01 of 1995 was registered against accused Govind Singh, wife of Govind Singh, Yogambar Singh, Meharban Singh and 17 others in respect of offences punishable under Section 304-B, 498-A and 201 of IPC. After completing the investigation, the Investigating Officer submitted charge sheet (Ext. Ka-13) against the accused persons in respect of offences punishable under Sections 304-B, 498-A, 201, 386, 120-B of IPC and the other punishable under Section ¾ of the Dowry Prohibition Act.
3. Trial began before learned Addl. Sessions Judge. Charges against accused Govind Singh, Sushila Devi, Yogambar Singh, Meharban Singh and 17 others were framed relating to offences punishable under Sections 498-A/34, 304-B/34 and 201/149 of IPC to which accused persons pleaded not guilty and claimed trial. On this, prosecution examined P.W.1 Bhagat Singh Aswal, P.W.2 Mahipal Singh, P.W.3 Maal Singh and P.W.4 Anand Prakash Balodi. All the oral and documentary evidence was put to accused persons. Statements of the accused persons under Section 313 of Cr.P.C. were recorded in which they said that the evidence against them was false and they have been falsely implicated in the case. Accused Govind Singh in his statement pleaded that the deceased died of cholera. In defence D.W.1. Dr. Devi Prasad Dabral was produced.
4. After considering the evidence on record, trial court held the accused/appellants Govind Singh, Sushila Devi, Yogambar Singh and Meharban Singh guilty for the offences punishable under Sections 304-B and 498-A of IPC. Convict Govind Singh was sentenced to imprisonment for life in respect of offence punishable under Section 304-B of IPC. He was sentenced to rigorous imprisonment for a period of two years in respect of offence punishable under Section 498-A and a fine of Rs. 5,000/-. It was directed that in default of payment of fine, the convict shall further undergo one year’s imprisonment. Convicts Sushila Devi, Yogambar Singh and Meharban Singh were sentenced to rigorous imprisonment for a period of seven years in respect of offence punishable under Section 304-B of IPC. They were sentenced to rigorous imprisonment for a period of two years in respect of offence pun
