Crim inal AppealNo46 v. St at eof Punj ab

t o t heir dem and first inquiredif t heir dem andshad been m et wit h On receivingt he replyin negat ivet hey annoyedand t hreat enedt o rehabilit at eher in t he m at rim onial houseonly ift heir dem and is m et On conj ointreadingof t he st at em ent of Dal Singh fat her Gurm it Singh uncle Jawala Singh grandfat her and Balbir Singh Mat ernal uncle of t he deceased t he followingdefinit e fact s could be not iced 6i9Thatt he deceased an young girl was m arried t o t he accused I ndelj itSinghresidentofvillageMalookpur 6iOThatt he m arriaget ook placeone year and t hree m ont hs priort o t he occurrence 6iii9Thatt he deceasedwas quit ehale and heart yand was not sufferingfrom any ailm ent m uch I essdepressionpriort o t he m arnage ivl That out oft he wedlock a girlchild was born vThat aft er t he m arriaget he accused st art ed t he deceasedfor not bringingadequat edowryand Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh t heyplaceddem and of Rs00001 t he purchaseof JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 57 4 Crim inal AppealNo246SB of2000 7 t ract or 1 t r 0 C I C5 I Z n Q I c6 Z C vOThedeceaseddied by consum ingorganic 6 an at t he house of t he accused ot her t han in norm al Clrcum st ances I t has also com e on record from t he uniform st at em ent s of t he wit nesses t hat t he accused had sold an old t ract or priort o t he m arriage which also goes a longway t o helpt he I n order t o est ablisht hat t he accused dem andedm oney for purchaseof t he t ract or t he wit nesses Bandhal st at e t hat aft er at t endingt he m arriageat Kale when Param j itKaur cam e t o t heir villageshe fell ill At t hatt im e she disclosed aboutt he woeful st oryt hat t he accused were t ort uringher for not bringingRs500001 dem and and t heywere com pellingher t o fulOll t heir even at t he cost of t he sale of land by her fat her All t his goes t o t hat t he accused m ust be m oneyin connect ion wit h t he paym entof priceof t ract or The deceased died ot her t han in norm al circum st ancesat t he house ofaccused wit hin 7 years ofher m arriage DrPrit hi Raj PWl9 has been exam ined in order t o prove t hat t he deceaseddied ot her t han in norm al circum st ances He has st at ed t hat cause of deat h in t he case was poisoningby an organic insect icide He has also provedhis reportExPE which was givenoli t he basisoft he reportofChem ical Exam iner ExPD The argum entraised by learnedcounsel for t he appellantt hat t he wit nesses so exam ined by t he eit her beingrelat ives or hailingfrom his vil lage are int erest ed wit nesses sans any rnerit The relat ivesbeingwell conversant and wit h t he event s goingon in Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh t he fam ilyregardingt he m arriageare t he best wit nesses t o deposein t his JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 1 L 0 0 I C5 I Z 1 I 08 CO 7 Z Qm 58 J Crim inal AppealNo246B of2000 8 connect ion The disput esalwaysarise wit hin t he four walls of t he house For t he reasons t hat t he m arriaget ies m ay not break and fam ily m ay not be put t o peril t he fact s are keptsecret and are not allowed t o go in t he st reet as such ro corroborat ioncould be expect ed I n t he inst ant case grandfat her fat her as well as m at ernal uncle of t he deceasedknowingfully well about t he have t ore out t heir abdom enwhile depict ingin t heir st at em ent st hat t he accused were sat isfiedwit h t he art icles of dowrygivent o t hem at t he t im e of m arriage and t heywere Rs00001or purchaseof t he t ract or They com pellingt im e and againt o bringt his am ount bym akinganysort of byher parent s The m adebyt he regret sshown by him m oney t hat he was unable t o arrange such as he had alreadyspentt hem oney on t he Chuchak of t he of t he deceasedfell t o deafears of t he accused The fact umwit h t o m alt reat m entwas disclosed by Param j itKaur t o her fat her grandfat her from t im e t o t im e and t heyalso visit ed t he accused and t hemnot t o harassher on t hat account While explainingt he dem andofdowry soon beforet he deat h 3 t heevidence revealst hat even 34 dayspriort o t he occurrence t he accused had placedsuch dem and The wit nesses so exam ined by t he have wit hst ood t he t est of crossexam inat ion They are unanim ous t he dem and raised byt he accusedand harassm entgivent o her at t heirhands No adequat erebut t al has been givenbyt he accused t o explain as t o whylive bodyof t he deceasedwas t urned int o corpus at t heir house Thought he accused has set up t he plea wit h regardt o at t ract ingof Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh byt he deceasedyet it has not been explainedbyt hem ast o why JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 59 4 Cs2 1 Crim inal AppealNol46SB of2000 9 andwhen she had at t ract edt his As such desirably due t o m alt reat m ent suffered by her at t he hands of t he accused I t was observedin case Salam at Ali and anot her versus St at e ofBihar AI R 1995Suprem eCourt 1863 wherein t he Honble Apex Court observed as Uniform lyevery Wlt lleSShas said t hat lhefanulym em bersof Lr 0 0 I C5 I Z 1 I 08 7 Z Qm t he husband ie dowryin t heformof t elevision and scoot er dem and is som e Sasuralwale had been m akingdem ands of The naI ure oft he The dem and of scoot er indicat ion lnust have been raised by lhe husband I t cannot be expecledOzatt hefaOlernaN wouW be a scoot er for him selfor t hat t he m ot her4liw needed it for her use The view in Salam at Ali s case upralhas also been reit erat edby anot her a Division Bench of t his Court in case Baldev Kaur m d versus St at e ofPuniab 2007 RCR m inaO665 and a Single Bench of t his Court ln case SanieevKum ar versus St at e ofPuniab 2007 31 All I ndia Crim inal Law Report er181 Thought he counsel hasarguedt hat t hedeceasedhad consum ed t he insect icide but no such was putup t o t he wit nesses However it was t o PW5 Dal t hat she had t aken t hepoisonand com init t ed suicide However t he accused in hisst at em ent under Sect ion 313 CrlC t ook a st and t hat his wife Param j itKaur was undert he at t ack of fit s and beingfed up wit h t his ailm entshe com m it t edsuicide This pleaappearst o be an t he reasons t hat t he disease of epilepsygenerat esfrom very birt h but no such hist oryhas been provedon t he record t o est ablish t hat she was froin epilepsyEven ot herwise Dr1arm eet SinghMann a priva Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 60 r7 L a Crim inal AppealN0246SB of2000 10 6DW19while appearingin t he wit ness box has not ut t ered a word t hat t he deceased was sufferingfrom epilepsybut he has givena st at em entt hat she was sufferingfrom I n t he absenceof any cogent evidence t hat she was sufferingfrom any such ailm ent it would have t o be observed t hat t his defence plea lS an 0 0 I C I Z a I 06 C 7 Z Qm 1 No m erit could be found in t he ot her argum entt hat t he dem and ofRs500001or purchaseoft ract ocannot be t reat edas dem andofdowry as lt ls not so connect edwit h t he m arriageI am const rainedt o t hat t he accused havingsom e privilegeover t he deceased could not condit ions upon her for her well being Sect ion 304B I PC has been int roducedt o penalizet he dowrydeat h Explanat ionas has been addedt o t he Sect ion 20f t he Dowrv Prohibit ion Act 1961 as am endedupt o dat e deflnesdowryt o int erprett he dowrydeat hwhich readsas under ln t his Act dowry m eans any propert yor valuable securit y glven or agreedt o be giveneit her direct lyor indirect lye by one part yt o a m arriaget o t he ot her part y t o t he m arnage Or b9 byt heparenlof eit her part y t o a m am age Or by any ot herpersono eit her part y t o t he m arriageor t o anyot her person at or before r any t im e aft ert he m arriagen connect ion wit h t he m arriageof t he said part iesbut does not include dower or m ahr in t he case ofpersons t o whom t he Muslim Personal Law lariao applies5r Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh Dowry in t he sense of JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document by Dowry r 61 4Af V Crim inal AppealNoe246SB of2000 11 Prohibit ion Act is a dem and for propert yor valuable securit yhavingan inext ricablenexus wit h t he m arriage1 it is a considerat ion from t he side oft he brides parent sor relat ivest o t hegroom or his parent sandlor guardian for t he agreem entt o wed t hebride4o4oe While t he word dowry as det lned in t he Act t he Apex Court in case St at e ofAndhra Pradesh VSe Rai Gopal Asawa AI R 2004 SC 1933 observed t hat t he definit ion of dowryis not rest rict ed t o agreem entor dem and for paym entof dowrybefore or at t he m arriagebut includesdem andsm ade t o m arriage Thus Oll overall analysesof t he aforesaid provisionsit com es 1 0 Cao I C5 out t hat when t he deceased is harassed m alt reat ed t ort ured Ol ot herwise Z m et wit h cruelt yat t he handsoft he husbandor his relat ives and condit ions are putt o m eet wit h t heir dem andsfor t he well beingof t he deceased such 08 dem andsm ay be in cash or kind could be t erm ed as dowry Be t hat it any dernandm adeout of t he com pulsionfor survival or livelihood due W2 t o ext rem e povert y m ay not fall wit hin t he deOnit ion of dowryyet t he Z personhavingt he int ent lOn t o getundue of his dom inance over t he weaker sex and t o exploither well beingplacesanydem and of dowry t hen t hat t oo also covers t he dowrywhich m ay be subj ectt o penalt yunder DowryProhibit ion Act 1361 or t he I ndian Penal Code what ever t he casem ay be Here in t his case 110 m uch t im e had passedbet ween t he and t he deat h and t he behaviour of t he accused cont inued rude t owardst he deceasedas t he said dem and could not be fulfilled Even aft er t he birt h of t he girlchild t he behaviour of t he accused becam erude and t he factt hat t he accusedhad sold a t ract or prlort o t he m arriageand m ay have JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh t 62 C 5 6 Crim inal AppealNo246B of2000 12 t he new som et im eslat er doesnot vanish t he evidence wit h regard t o dem andm adebyt hem regarding m oney t owardspurchaseof t het ract or Thus t he argum entt hat t he dem andof m oney is not a dem and of dowryis brushed aside Param j itKaur died wit hin one year and t hree m ont hsof t he m arriagewhile livingin t he house of her in laws She being hale and heart ylady could never dreamt o be of her love and affect ion wit h her husband and girl child but it appears t hat t he Circum st ances and t ake in t he fam ilycom pelledher t o t his drast icst ep To delineat e while put t ingm yselfint he posit ionofa prudentnorm al sim plegirl who herselfwant s t o fulflll her dream sof a goodhousewife would never like t o see her poor parent s t ort ured and harassedon t he basis of undue dem andsand 111 such sit uat ion she would find no ot her way exceptt o punishherself by herselft hat she was st ill a burden aft er she broke her t ies wit h t he parent alfam ilyand ent ered t he m at rim onial house Aft er all a girl com ingfrom t he m at rim onial house cannot be t reat edas a chat t elt o put her at a placeas suit ingt o her in laws and a pet alt o t hrow away aft er use She and act uallydeservesa placein t he m at rim onialhouse subj ectt o som e t o be m ade byher in t he fam ily The accused wasput t ingt he deceasedin a posit ion t o bring Rs500001 t o benefit him self in connect ionwit h t he purchaseof t ract or wit hout bot heringt he com pulsionpovert y and incapacit yof t he t o pay t he sam e I n t his t he case in all 1 0 0 C3 I C5 I Z I a5 00 7 Z C 9 he m ust be im posinghis dom inance over her and com pelling hert o bringm oneyby Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh dangert o her well being JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 63 l n 0 0 C I Z 2 Lr I 08 Q0 7 Z Ll Crim inal AppealNoe2468Bof2000 13 The conduct oft he accusedin t hiscase is also not aboveboard Aft er t he deceased had consum ed insect icide in norm al course som e should have been m adebyt he accusedt o save her as t o t ake her t o t hedoct or or hospit albut not hingwas done The accuseddid not informher parent sabout t he act on t he partof t he deceased Rat her t heykeptsilent t ill t he arrived at t heir house and cam e t o know about t he deat h Therefore under t hese Circum st ances and on of evidence no plausibleview t han what has been form ed byt he t rial Court t hat it was t he accused I nderj itSinghwho was for t he deat h of Param j itKaur As regardst he quant umof sent ence while peepingint o t he fact sand circum st ancesof t he case enorm it yof such crim e no leniencycould be ext ended t he present Result ant lyt his appealbeingwit hout any m erit is dism issed 06052010 MAMTA41 JUDGE 1 Rashm i 2013.09.11 11: 12 True Scanned Copy Of t he Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document