IMPORTANT POINT
Sections 304B and 498A - ingredients.

Judgment :-

Fakkir Mohamed Ibrahim Kalifulla, J.

1. The appellants are aggrieved of the judgment of the Single Judge of the High Court of Punjab and Haryana dated 06.04.2005. At the very outset it is relevant to mention that the second appellant, namely, Lakha Singh also known as Lakhiwinder Singh s/o Gian Singh stated to have died on 03.12.2005 as per the death certificate enclosed along with the special leave petition papers and the application filed on 25.07.2006 in this Court. Therefore, the special leave petition itself, which was stated to have been filed on 25.07.2006 on behalf of Lakha Singh alias Lakhiwinder Singh, has become infructuous. However, in the criminal miscellaneous petition for substitution application, also filed on 25.07.2006, the first appellant has made a prayer to substitute her as the legal representative of the deceased Lakha Singh and pursue his appeal as well in order to enable her to get the monitory benefits from the employer of the deceased Lakha Singh who was stated to have been employed in the Punjab State Electricity Board. In the above-stated background we heard learned counsel for the appellant as well as counsel for the State in these appeals.

2. The brief facts which are required to be stated are that the deceased Darshana alias Darshan Kaur d/o Joginder Singh - PW.2 was married to one Ravail Singh about 11 months prior to the date of occurrence. According to PW.2 at the time of marriage he gave sufficient dowry but Jagir Kaur, the mother-in-law of the deceased, and the accused were not satisfied with the amount of dowry given in marriage. According to the prosecution, there was a demand for cash amount of Rs.30,000/- apart from a stereo set and scooter by way of dowry which the deceased Darshana was compelled to ask and get from her parental house.

3. Three days prior to the occurrence, the deceased was stated to have gone to her parental house, met PW.2 and requested him to arrange for the cash amount of Rs.30,000/- in order to fulfill the demand, when she stated to have also told PW.2 that she was being repeatedly tortured at the instance of the accused in her matrimonial home. PW.2 stated to have promised his daughter that he would arrange for the money in three to four days time after harvesting the crops and that she can return back to her matrimonial home.

4. On 03.11.1987, PW.3 Jagir Singh stated to have witnessed the torture meted out to the deceased Darshana at the hands of the accused in the morning and in the evening he came to know about the death of the deceased whose body was lying in the Civil Hospital at Taran Taran. PW.3 stated to have met Joginder Singh (PW.2) at his village called Nandpur and informed him about the torture meted out to his daughter in the morning and the subsequent death in the evening. Thereafter, PW.2 went to the hospital along with PW.3 and after identifying the body of his daughter he lodged a complaint with the Police Station Jhabal which came to be registered as FIR No.246/87 Exhibit PE/2 for offences under Section 304B read with 34 IPC as well as under Section 498A IPC.

5. The complaint was registered as against the appellant, her husband Lakha Singh s/o of Gian Singh as well as Jagir Kaur alias Jagire, mother-in-law of the deceased, who in the meantime passed away. PW.1 was the doctor who conducted the postmortem issued Exhibit ‘PA’ the postmortem certificate under Exhibit PA/1 PW.1 stated to have prepared a pictorial diagram showing the seat of injuries. He also stated that stomach and its contents along with a portion of small intestine with its contents, a portion of large intestine with its contents, a portion of liver, spleen and kidney were handed over to police along with letter dated 04.11.1987 addressed to Chemical Examiner, Patiala in five Jars sealed with the seal bearing impression ‘KS’ for its report. The Chemical Examiner Reports were marked as Exhibit ‘PF’ to Exhibit ‘PG’.

6. PW.5, the Sub-Inspector of Police stated to have recovered a