PUNJAB & HARYANA HIGH COURT
V.K.Bali and K.S.Kumaran JJ.
Hardeep Singh
Versus
State Of Punjab
Criminal Appeal No. 409 of 1994,
Decided On : JANUARY 18, 1996
CRIMINAL LAW - DOWRY DEATH - SECTION 302, 302 READ WITH 34, 498-A IPC - SUICIDE - DEMAND OF DOWRY - EVIDENCE - DELAY IN LODGING FIR - WITNESSES - INTERPRETATION OF FACTS AND CIRCUMSTANCES - COURT'S ANALYSIS AND CONCLUSION - ACQUITTAL OF ACCUSED.
Fact of the Case:
The appellants, Hardeep Singh, his father Inder Singh, and mother Baljit Kaur, were convicted and sentenced for the dowry death of Daljit Kaur, Hardeep Singh's wife. The prosecution alleged that the appellants demanded more dowry from Daljit Kaur's parents, leading to her death by poisoning. The appellants denied the allegations and claimed that Daljit Kaur committed suicide due to depression.
Finding of the Court:
The court found that the prosecution failed to prove the guilt of the accused beyond a reasonable doubt. The court noted that the evidence regarding the demand of dowry was weak and that there was an unexplained delay in lodging the FIR. The court also found it suspicious that no injuries were found on Daljit Kaur's body and that the poison had not spilled on her clothes.
Issues: 1. Whether the prosecution proved the demand of dowry beyond a reasonable doubt. 2. Whether the evidence of the witnesses was reliable. 3. Whether the delay in lodging the FIR was justified.
Ratio Decidendi: The court held that the prosecution failed to prove the demand of dowry beyond a reasonable doubt. The court also found that the evidence of the witnesses was unreliable and that the delay in lodging the FIR was suspicious. The court concluded that the appellants were entitled to an acquittal.
Final Decision: The court allowed the appeal, set aside the conviction and sentence of the appellants, and acquitted them.
V.K.Bali, J.
1. The appellants, Hardeep Singh, his father Inder Singh and mother Baljit Kaur, have filed the instant appeal challenging the order of conviction and sentence recorded against them by the Sessions Judge, Ferozepur, vide his judgment dated October 6, 1994, who held that the prosecution had been able to prove its case against Hardeep Singh accused for an offence punishable under Section 302 of the Indian Penal Code and against Inder Singh and Baljit Kaur accused for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code and under Section 498-A of the Indian Penal Code against all the three accused-appellants herein. They were held guilty as such and whereas, Hardeep Singh was sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default whereof to further undergo RI for six months under Sections 302 of the Indian Penal Code, Inder Singh and Baljit Kaur were sentenced to undergo imprisonment for life each and to pay a fine of Rs. 500/- each, in default whereof to further undergo RI for six months each under Section 302 read with Section 34 IPC. All the appellants were further sentenced to undergo imprisonment for three years each and to pay a fine of Rs. 200/- each, in default whereof to further undergo RI for two months each, under Section 498-A IPC. All the sentences were, however, ordered to run concurrently.
2. The prosecution version was unfolded by Mukhtiar Kaur, real sister of deceased Daljit Kaur, who died of poisoning on August 2, 1992 at 8 a.m. in village Ghanga Khurd, Police Station Sadar Jallalabad. The statement of Mukhtiar Kaur was recorded on the same day i.e. August 2, 1992 but at 4.30 p.m. by Malkiat Singh, ASI at bus stand. Mukhtiar Kaur stated that she was resident of village Ghanga Khurd was married with Kabal Singh son of Harna.m. Singh about 18 years ago. It is she who had arranged the marriage of her younger sister, Daljit Kaur @ Bindro with Hardeep Singh son of Inder Singh about seven years back. After about one year of the marriage, her sister gave birth to a son, who had died after four days. Thereafter, no other child was born. For the last about one year, Hardeep Singh, Inder Singh and her mother-in-law Baljit Kaur used to ask her sister to bring more dowry and used to create trouble on that count. Her parents, at the time of marriage, had given to her 8 tolas of gold, television, two boxes, two buffaloes and double bed etc. There was marriage of Bindro, her sisters husbands sister and at that time her sister had gone to her parental house at village Nurpur Machhiwara, Police Station Zira. Her sister was not brought even at the time of marriage. The dowry articles of her sister, which were given by her parents at the time of marriage, were given to her sister-in-law Bindro by her sisters husband Hardip Singh. Later on, a panchayat had come from her parental side in which Raj Singh, Sarpanch of Ghulewala, who was her mothers sisters husband, had also come and enquired as to why the appellants had not brought the girl. The in-laws of her sister and her husband Hardeep Singh told that two buffaloes and 2-3 tolas of gold, out of gold which was given by them, had been given in dowry to their daughter (Bindro, sister of Hardeep Singh). The same should be given to them and only then they would bring the girl. Her parents had brought and given two buffaloes and gold and then they brought the girl. Now they were saying to her for the last about 2-3 months to bring a fridge from her parents. Her sister Bindro had told her that the appellants used to harass her for not bringing Fridge and they gave her beating also. She came and made entreaties before her sisters husband that her parents were poor persons, and that they were not in a position to give Fridge. She went to her parental village and discussed the demand of fridge with her brothers Rachhpal Singh, Amrik Singh and Hardial Singh. They told her that she should go and implore as t
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