Satnam Singh Satnam Singh v. Punjab State of Punjab
Case Details
(O&M) CRA-D-752-DB-2004 (O&M) ( 1 ) FOR THE STATES OF PUNJAB & HARYANA IN THE HIGH COURT IN THE HIGH COURT FOR THE STATES AT CHANDIGARH AT CHANDIGARH CRA-D-752-DB-2004 (O&M) CRA ate of Decision: 17.07.2025 Date of Decision: Satnam Singh Satnam Singh … Appellant Versus Punjab State of Punjab ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE GURVINDER SINGH GILL HON'BLE MR. JUSTICE JASJIT SINGH BEDI HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. D.S.Virk, Advocate, for Mr. Jasdeep Singh Gill, Advocate, for the appellant. Mr. Jasdeep Singh Gill, Advocate, for the appellant. Mr. Sidharth Attri, AAG, Punjab. Mr. Sidharth Attri, AAG, Punjab. GURVINDER SINGH GILL, J. GURVINDER SINGH GILL, J. 1. 2. Appellant – – Satnam Singh assails judgment dated passed by the judgment dated 10.08.2004 passed by the Additional Sessions Judge, Amritsar, vide which Additional Sessions Judge, the trial Court while holding , vide which the trial Court while holding him guilty of having committed offence of having committed offence under Sections 30 B and 201 IPC, under Sections 304-B and 201 IPC, has sentenced him as under: has sentenced Offence Offence Imprisonment for life -B IPC Rigorous imprisonment for life 304- for 2 years Rigorous imprisonment for 2 years IPC 201 IPC Fine Rs.2000/- Rs.200/-
Legal Reasoning
The matter arises out of FIR No. matter arises out of FIR No.121 dated 2 registered at Police dated 27.07.2003 registered at Police Station Bhikhiwind Bhikhiwind under Sections 304-B, 201, 34 I at the instance of B, 201, 34 IPC at the instance of Nazar Singh r Singh. The translated gist of Nazar Singh’s leading r Singh’s statement (Ex.PA) leading to FIR (Ex.PA/ PA/3) reads as under: . We were two brothers. My elder I am resident of village Marri Megha. We were two brothers. My elder . We were two brothers. My elder “I am resident of village Marri Megha brother Bachan Singh had expired leaving behind 6 daughters. brother Bachan Singh had expired Out of them, leaving behind 6 daughters. Out of them, VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) ( 2 ) my niece Kulwinder Kaur was married to Satnam Singh about 2 ½ years my niece Kulwinder Kaur was married to Satnam Singh about 2 ½ years my niece Kulwinder Kaur was married to Satnam Singh about 2 ½ years my niece Kulwinder Kaur was married to Satnam Singh about 2 ½ years We had given sufficient dowry as per our capacity. After a short back. We had given sufficient dowry as per our capacity. After a short We had given sufficient dowry as per our capacity. After a short back. d of marriage, when my niece came to meet us in our village, she period of marriage, when my niece came to meet us in our village, she d of marriage, when my niece came to meet us in our village, she d of marriage, when my niece came to meet us in our village, she disclosed that her mother-in-law Jagir Kaur, father disclosed that her mother law Mohar Singh, law Jagir Kaur, father-in-law Mohar Singh, brother-in-law Jagtar Singh and her husband Satnam Singh brother used to harass law Jagtar Singh and her husband Satnam Singh used to harass reluctance to go to her her for having brought less dowry. She expressed reluctance to go to her her for having brought less dowry. She express her for having brought less dowry. She express matrimonial home, as she was apprehending threat to her life. However, we matrimonial home, as she was apprehending threat to her life. However, we matrimonial home, as she was apprehending threat to her life. However, we matrimonial home, as she was apprehending threat to her life. However, we laws house. About 15/16 days persuaded her and sent her back to her in-laws house. About 15/16 days persuaded her and sent her back to her in persuaded her and sent her back to her in back, my niece Kulwinder Kaur and her husband Satnam Singh came to our back, my niece Kulwinder Kaur and her husband Satnam Singh came to our back, my niece Kulwinder Kaur and her husband Satnam Singh came to our back, my niece Kulwinder Kaur and her husband Satnam Singh came to our Satnam Singh raised demand of TV and Fridge and said that village and Satnam Singh raised demand of TV and Fridge and said that Satnam Singh raised demand of TV and Fridge and said that village and either the said articles be given to him or a cash amount of Rs.20,000/- either the said articles be given to him or a cash amount of Rs.20,000/ either the said articles be given to him or a cash amount of Rs.20,000/ be given for purchasing the same. I and my wife Harbans Kaur pleaded that given for purchasing the same. I and my wife Harbans Kaur pleaded that given for purchasing the same. I and my wife Harbans Kaur pleaded that given for purchasing the same. I and my wife Harbans Kaur pleaded that on to give such huge since we are poor persons, we are not in a position to give such huge since we are poor persons, we are not in a positi since we are poor persons, we are not in a positi amount. Satnam Singh, however, responded that in that case we should keep amount. Satnam Singh, however, responded that in that case we should keep amount. Satnam Singh, however, responded that in that case we should keep amount. Satnam Singh, however, responded that in that case we should keep and that when we give the amount, then he will take her our niece with us and that when we give the amount, then he will take her and that when we give the amount, then he will take her our niece with back. I narrated about the entire incident to the mediator Balwinder Singh. I back. I narrated about the entire incident to the mediator Balwinder Singh. I back. I narrated about the entire incident to the mediator Balwinder Singh. I back. I narrated about the entire incident to the mediator Balwinder Singh. I wife as well as Balwinder Singh again requested Satnam Singh and and my wife as well as Balwinder Singh again requested Satnam Singh and wife as well as Balwinder Singh again requested Satnam Singh and and my told him that it was not possible for us to give such huge amount in one go told him that it was not possible for us to give such huge amount in one go told him that it was not possible for us to give such huge amount in one go told him that it was not possible for us to give such huge amount in one go to him. and that we shall slowly purchase the articles and give the same to him. and that we shall slowly purchase the articles and give and that we shall slowly purchase the articles and give However, my niece Kulwinder Kaur took me However, my niece aside and said that she is not Kulwinder Kaur took me aside and said that she is not ready to go to her in-laws, as they may ready to go to her in . However, after laws, as they may cause harm to her. However, after alongwith persuading her, we again sent her back to her in-laws’ house alongwith persuading her, we again sent her back to persuading her, we again sent her back to 25.07.2003, I alongwith my son Amrik Singh and Satnam Singh. On 25.07.2003, I alongwith my son Amrik Singh and 25.07.2003, I alongwith my son Amrik Singh and Satnam Singh. On went to village Kalsian to meet my niece. mediator Balwinder Singh went to village Kalsian to meet my niece. went to village Kalsian to meet my niece. mediator However, when we reached there at about 3.00 PM, we came to know that However, when we reached there at about 3.00 PM, we came to know that However, when we reached there at about 3.00 PM, we came to know that However, when we reached there at about 3.00 PM, we came to know that Kulwinder Kaur had died and her last rites i.e. funeral had already taken Kulwinder Kaur had died and her last rites i.e. funeral had already taken Kulwinder Kaur had died and her last rites i.e. funeral had already taken Kulwinder Kaur had died and her last rites i.e. funeral had already taken had consumed some place. I strongly suspect that my niece Kulwinder Kaur had consumed some place. I strongly suspect that my niece Kulwinder Ka place. I strongly suspect that my niece Kulwinder Ka in- poison on account of harassment met out to her at the hands of her father-in poison on account of harassment met out to her at the hands of her father poison on account of harassment met out to her at the hands of her father law Mohar Singh, mother-in-law Jagir Kaur, brother law Mohar Singh, mother law Jagtar Singh and law Jagir Kaur, brother-in-law Jagtar Singh and for pressing upon the demand of more dowry. They husband Satnam Singh for pressing upon the demand of more dowry. They for pressing upon the demand of more dowry. They husband Satnam Singh with each other and had performed the last rites with an had connived with each other and had performed the last rites with an with each other and had performed the last rites with an had connived was now going to the police station for intention to destroy the evidence. I was now going to the police station for was now going to the police station for intention to destroy the evidence. I hen you met me. Mediator Balwinder Singh and my son lodging a report, when you met me. Mediator Balwinder Singh and my son hen you met me. Mediator Balwinder Singh and my son lodging statement recorded. Amrik Singh are accompanying me. I have got my statement recorded. Amrik Singh are accompanying me. I have got my Amrik Singh are accompanying me. I have got my Action be taken. Sd/- Nazar Singh.” Action be taken. Sd/ VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) 3. SI Balbir Singh (PW-4), after recording the a SI Balbir Singh statement, sent the ), after recording the above referred statement, sent the ( 3 ) same to the Police Station for lodging of FIR (Ex.PA/3). Thereafter, same to the Police Station for lodging of FIR (Ex.P same to the Police Station for lodging of FIR (Ex.P ). Thereafter, SI Singh proceeded to the matrimonial home of the deceased and Balbir Singh proceeded to the matrimonial home of the deceased and Singh proceeded to the matrimonial home of the deceased and Singh proceeded to the matrimonial home of the deceased and tatements of the witnesses were also recorded. prepared rough site plan. Statements of the witnesses were also recorded. tatements of the witnesses were also recorded. prepared rough site plan. After arresting all the accused on 01.08.2003, SI Balbir Singh proceeded to fter arresting all the accused on 01.08.2003, SI Balbir Singh proceeded to 01.08.2003, SI Balbir Singh proceeded to the place where last rites of the deceased had been performed i.e. the place where last rites of the deceased the side had been performed i.e. by the side been immersed in water. However, no evidence of the canal where ashes had been immersed in water. However, no evidence been immersed in water. However, no evidence of the canal where ashes ha could be collected from the said place as the ashes had been immersed in could be collected from the said place as the ashes had been immersed in could be collected from the said place as the ashes had been immersed in could be collected from the said place as the ashes had been immersed in flowing water. flowing water. 4. 4 accused Upon conclusion of investigation, challan was presented against 4 accused Upon conclusion of investigation, challan Upon conclusion of investigation, challan Mohar Singh, Jagir Kaur, Satnam Singh and Jagtar Singh namely Mohar Singh, Jagir Kaur, Satnam Singh and Jagtar Singh Mohar Singh, Jagir Kaur, Satnam Singh and Jagtar Singh on 13.08.2003 in the Court of Sub Divisional 13.08.2003 who Sub Divisional Judicial Magistrate, Patti, who committed the case to the Court of Sessions vide order dated 23.08.2003 the case to the Court of Sessions 23.08.2003. Amritsar to whom the case was entrusted Learned Additional Sessions Judge, Amritsar to whom the case was entrusted Amritsar to whom the case was entrusted Learned Add the accused for offences punishable under Sections framed charges against all the accused for offences punishable under Sections the accused for offences punishable under Sections framed charges against 12.09.2003 to which they B & 201 IPC read with Section 34 IPC on 12.09.2003 to which they B & 201 IPC read with Section 34 IPC 304-B & 201 IPC read with Section 34 IPC pleaded not guilty and claimed trial. pleaded not guilty and claimed trial. 5. The prosecution in order to substantiate its case examined as many as The prosecution in order to its case examined as many as 4 PWs PWs. The gist of their testimonies is being briefly referred to herein The gist of their testimonies is being briefly referred to herein under:- PW-1 Nazar Singh (complainant) stated broadly in tune with his statement Nazar Singh (complainant) stated broadly in tune with his statement stated broadly in tune with his statement (Ex.PA) leading to lodging of FIR. He categorically stated that his (Ex.PA) leading to lodging of FIR. He categorically stated that his (Ex.PA) leading to lodging of FIR. He categorically stated that his (Ex.PA) leading to lodging of FIR. He categorically stated that his niece Kulwinder Kaur (deceased) had been married to Satnam Singh niece Kulwinder Kaur (deceased) had been married to Satnam Singh niece Kulwinder Kaur (deceased) had been married to Satnam Singh niece Kulwinder Kaur (deceased) had been married to Satnam Singh 2 ½ years back, wherein he had given dowry as per their about 2 ½ years back, wherein he had given dowry as per their 2 ½ years back, wherein he had given dowry as per their about husband and other members of his family were not capacity, but her husband and other members of his family were not husband and other members of his family were not capacity, but her satisfied with the same and used to harass her in order to press upon satisfied with the same and used to harass her in order to press upon satisfied with the same and used to harass her in order to press upon satisfied with the same and used to harass her in order to press upon was even their demand of dowry. He stated that Kulwinder Kaur was even their demand of dowry. He stated that Kulwinder Kaur their demand of dowry. He stated that Kulwinder Kaur prior turned out of her matrimonial house and that about 15/16 days prior turned out of her matrimonial house and turned out of her matrimonial house and VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) ( 4 ) to th the occurrence, Kulwinder Kaur alongwith Satnam Singh had e occurrence, Kulwinder Kaur alongwith Satnam Singh had Satnam Singh had demanded a T.V. and a come to his village and Satnam Singh had demanded a T.V. and a Satnam Singh had demanded a T.V. and a come to his village and fridge or an amount of Rs.20,000/- fridge or an amount of Rs.20,000/ in cash. He and his wife pleaded in cash. He and his wife pleaded to them that they will pay the amount after some time and that they to them that they will pay the amount after some time and that they to them that they will pay the amount after some time and that they to them that they will pay the amount after some time and that they to persuade them to go back to their village. He further managed to persuade them to go back to their village. He further to persuade them to go back to their village. He further manage stated that about 4 months back, when he alongwith Amrik Singh and stated that about 4 months back, when he alongwith Amrik Singh and stated that about 4 months back, when he alongwith Amrik Singh and stated that about 4 months back, when he alongwith Amrik Singh and Balwinder Singh had gone to the house of Kulwinder Kaur where Balwinder Singh had gone to the house of Kulwinder Kaur where Balwinder Singh had gone to the house of Kulwinder Kaur where Balwinder Singh had gone to the house of Kulwinder Kaur where had died and that her dead they came to know that Kulwinder Kaur had died and that her dead they came to know that Kulwinder Kaur they came to know that Kulwinder Kaur 1 Nazar body had been cremated even before they had reached. PW-1 Nazar body had been cremated even before they had reached. PW body had been cremated even before they had reached. PW Singh specifically stated that Kulwinder Kaur had been killed by the Singh specifically stated that Kulwinder Kaur had been killed by the Singh specifically stated that Kulwinder Kaur had been killed by the Singh specifically stated that Kulwinder Kaur had been killed by the accused on account of demand of dowry. accused on account of demand of dowry. accused on account of demand of dowry. identically as stated Amrik Singh, son of the complainant, also stated identically as stated Amrik Singh, son of the complainant, also stated PW-2 Amrik Singh, son of the complainant, also stated 1 Nazar Singh regarding harassment of the deceased by her by PW-1 Nazar Singh regarding harassment of the deceased by her 1 Nazar Singh regarding harassment of the deceased by her by PW husband Satnam Singh and other accused and that about 4 months husband Satnam Singh and other accused and that about 4 months husband Satnam Singh and other accused and that about 4 months husband Satnam Singh and other accused and that about 4 months back, when he alongwith his father Nazar Singh and Balwinder Singh back, when he alongwith his father Nazar Singh and Balwinder Singh back, when he alongwith his father Nazar Singh and Balwinder Singh back, when he alongwith his father Nazar Singh and Balwinder Singh winder Kaur at village had gone to the matrimonial home of Kulwinder Kaur at village had gone to the matrimonial home of Kul had gone to the matrimonial home of Kul Kalsian Kalan, they came to know that Kulwinder Kaur had died and Kalsian Kalan, they came to know that Kulwinder Kaur had died and Kalsian Kalan, they came to know that Kulwinder Kaur had died and Kalsian Kalan, they came to know that Kulwinder Kaur had died and that her dead body had already been cremated. that her dead body had already been cremated. that her dead body had already been cremated. 27.07.2003 while he was Constable Narinder Pal Singh stated that on 27.07.2003 while he was Constable Narinder Pal Singh stated that on PW-3 Constable Narinder Pal Singh stated that on elivered special reports posted at Police Station Bhikhiwind, he had delivered special reports posted at Police Station Bhikhiwind, he had d posted at Police Station Bhikhiwind, he had d to the Illaqa Magistrate and also to the SSP Tarn Taran. to the Illaqa Magistrate and also to the SSP Tarn Taran. to the Illaqa Magistrate and also to the SSP Tarn Taran. PW-4 SI Balbir Singh, who is the Investigating Officer in the present case, SI Balbir Singh, who is the Investigating Officer in the present case, who is the Investigating Officer in the present case, stated with respect to the entire investigation conducted by him stated in the with respect to the entire investigation conducted by him in the matter right from the lodging of FIR upto the filing of challan. He matter right from the lodging of FIR upto the filing of challan. He matter right from the lodging of FIR upto the filing of challan. He matter right from the lodging of FIR upto the filing of challan. He proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of proved various documents/memos prepared during the course of investigation. investigation 6. the accused were Upon closure of the prosecution evidence, statements of all the accused were Upon closure of the prosecution evidence, statements of Upon closure of the prosecution evidence, statements of recorded in terms of Section 313 Cr.P.C., wherein they recorded in terms of entire case wherein they denied the entire case of prosecution and pleaded false implication. of prosecution Satnam false implication. However, accused Satnam Singh stated that Kulwinder Kaur had died on account of illness and that her Singh stated that Kulwinder Kaur had died on account of illness and that her Singh stated that Kulwinder Kaur had died on account of illness and that her Singh stated that Kulwinder Kaur had died on account of illness and that her Nazar Singh lodged a false relatives had been informed, but subsequently Nazar Singh lodged a false relatives had been informed, but subsequently relatives had been informed, but subsequently VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) case against them. The accused in their defence case against them. The accused in their Gursahib defence examined DW-1 Gursahib ( 5 ) Singh resident of village Kalsian Kalan resident of village Kalsian Kalan, who stated that he is an Member , who stated that he is an ex-Member He stated Panchayat of his village and that accused belonged to his village. He stated Panchayat of his village and that accused belonged to his village. Panchayat of his village and that accused belonged to his village. t he had gone to the house of the accused at the time of death of Kulwinder that he had gone to the house of the accused at the time of death of Kulwinder t he had gone to the house of the accused at the time of death of Kulwinder t he had gone to the house of the accused at the time of death of Kulwinder Kaur at about 11.30 AM and that her dead body was cremated at about 7.30 Kaur at about 11.30 AM and that her dead body was cremated at about 7.30 Kaur at about 11.30 AM and that her dead body was cremated at about 7.30 Kaur at about 11.30 AM and that her dead body was cremated at about 7.30 PM. He further stated that sisters of Kulwinder Kaur had attended the PM. He further stated that sisters of Kulwinder Kaur had attended the PM. He further stated that sisters of Kulwinder Kaur had attended the PM. He further stated that sisters of Kulwinder Kaur had attended the ulwinder Kaur had died suddenly and had cremation. He further stated that Kulwinder Kaur had died suddenly and had ulwinder Kaur had died suddenly and had cremation. He further stated that K no dispute with any member of the family and that he had also stated so no dispute with any member of the family and that he had also stated so no dispute with any member of the family and that he had also stated so no dispute with any member of the family and that he had also stated so before the police. before the police. 7. The learned trial Court, upon appraisal of evidence The learned trial Court, upon brought on record by the appraisal of evidence brought on record by the Satnam Singh (appellant) guilty of prosecution and also by the accused, held Satnam Singh (appellant) guilty of Satnam Singh (appellant) guilty of prosecution and also by the accused, held B and 201 IPC having committed offence punishable under Section 304-B and 201 IPC having committed offence punishable under Section 304 having committed offence punishable under Section 304 accused namely Mohar Singh, Jagir Kaur while acquitting the remaining co-accused namely Mohar Singh, Jagir Kaur accused namely Mohar Singh, Jagir Kaur while acquitting the remaining co vide judgment dated 10.08.2004. and Jagtar Singh of all the charges vide judgment dated 10.08.2004. vide judgment dated 10.08.2004. and Jagtar Si Aggrieved by the same, Satnam Singh (appellant) preferred the instant Aggrieved by the same, Satnam Singh (appellant) preferred the instant Aggrieved by the same, Satnam Singh (appellant) preferred the instant Aggrieved by the same, Satnam Singh (appellant) preferred the instant appeal. 8. Learned counsel for the appellant, while assailing the Learned counsel for the impugned judgment, while assailing the impugned judgment, submitted that he has falsely been implic submitted that ated in the present case and that he has falsely been implicated in the present case and that a case of there is no evidence worth credence to show either that it is a case of there is no evidence worth credence to show either that it is there is no evidence worth credence to show either that it is unnatural or a homicidal death nor is there any evidence to establish the unnatural or a homicidal death nor is there any evidence to establish the unnatural or a homicidal death nor is there any evidence to establish the unnatural or a homicidal death nor is there any evidence to establish the at the allegations of any harassment having been met out to the deceased at the allegations of any harassment having been met out to the deceased allegations of any harassment having been met out to the deceased
Legal Reasoning
accused. Learned counsel submitted that under these circumstances hands of accused. Learned counsel submitted that under these circumstances accused. Learned counsel submitted that under these circumstances accused. Learned counsel submitted that under these circumstances the findings of guilt as recorded by the trial Court are unsustainable and are the findings of guilt as recorded by the trial Court are unsustainable and are the findings of guilt as recorded by the trial Court are unsustainable and are the findings of guilt as recorded by the trial Court are unsustainable and are liable to be set aside. liable to be set aside. VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) ( 6 ) 9. Opposing the appeal, learned State counsel submitted that Opposing the it is a case where learned State counsel submitted that it is a case where unnatural death of Kulwinder Kaur had taken place in her matrimonial home unnatural death of Kulwinder Kaur had taken place in her matrimonial home unnatural death of Kulwinder Kaur had taken place in her matrimonial home unnatural death of Kulwinder Kaur had taken place in her matrimonial home and since and that too within a period of less than 7 years of her marriage and since and that too within a period of less than 7 years of her marriage and that too within a period of less than 7 years of her marriage there are specific allegations to the effect that the accused used to harass the there are specific allegations to the effect that the accused used to harass the there are specific allegations to the effect that the accused used to harass the there are specific allegations to the effect that the accused used to harass the deceased in order to press upon the ed in order to press upon their demand of dowry, offence under demand of dowry, the offence under Section 304-B IPC is clearly made out and also Section 304 offence under Section 201 and also an offence under Section 201 cremated the dead body without even IPC as the accused had hurriedly cremated the dead body without even cremated the dead body without even IPC as the accused had informing her guardian i.e. her uncle Nazar informing her Learned Nazar Singh (complainant). Learned State counsel has, thus, prayed for dismissal of the appeal. State counsel has, thus, prayed for dismissal of the appeal. State counsel has, thus, prayed for dismissal of the appeal. We have considered rival submissions addressed before this Court and with 10. We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with We have considered rival submissions addressed before this Court and with the assistance of learned counsel have also perused the record of the case. the assistance of learned counsel have also perused the record of the case. the assistance of learned counsel have also perused the record of the case. B IPC, it is the allegations pertain to offence under Section 304-B IPC, it is the allegations pertain to offence under Section 304 11. Since the allegations pertain to offence under Section 304 apposite to bear in mind the provisions of Section 304 apposite to bear in mind the B IPC, which read as provisions of Section 304-B IPC, which read as under: (1) Where the death of a woman is caused by any 304B. Dowry death. - (1) Where the death of a woman is caused by any (1) Where the death of a woman is caused by any “304B. Dowry death. occurs otherwise than under normal circumstances burns or bodily injury or occurs otherwise than under normal circumstances occurs otherwise than under normal circumstances burns or bodily injury or within seven years of her marriage and it is shown that soon before her death within seven years of her marriage and it is shown that soon before her death within seven years of her marriage and it is shown that soon before her death within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of she was subjected to cruelty or harassment by her husband or any relative of she was subjected to cruelty or harassment by her husband or any relative of she was subjected to cruelty or harassment by her husband or any relative of or dowry, such death her husband for, or in connection with, any demand for dowry, such death her husband for, or in connection with, any demand f her husband for, or in connection with, any demand f shall be called "dowry death", and such husband or relative shall be deemed shall be called "dowry death", and such husband or relative shall be deemed shall be called "dowry death", and such husband or relative shall be deemed shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. to have caused her death. section, "dowry" shall have the Explanation. For the purposes of this sub-section, "dowry" shall have the Explanation. For the purposes of this sub Explanation. For the purposes of this sub 1961 (28 of same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of same meaning as in section 2 of the Dowry Prohibition Act, same meaning as in section 2 of the Dowry Prohibition Act, 1961). 1961). (2) Whoever commits dowry death shall be punished with imprisonment for (2) Whoever commits dowry death shall be punished with imprisonment for (2) Whoever commits dowry death shall be punished with imprisonment for (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to a term which shall not be less than seven years but which may extend to a term which shall not be less than seven years but which may extend to a term which shall not be less than seven years but which may extend to imprisonment for life” imprisonment for life VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) ( 7 ) 12. Offence under Section 304 Offence under Section 304-B IPC is such wherein presumption of gui lt under B IPC is such wherein presumption of guilt under B of the Indian Evidence Act may be drawn against the accused Section 113-B of the Indian Evidence Act may be drawn against the accused B of the Indian Evidence Act may be drawn against the accused Section 113 and the onus to establish innocence shifts upon the accused. The necessary and the onus to establish innocence shifts upon the accused. The necessary and the onus to establish innocence shifts upon the accused. The necessary and the onus to establish innocence shifts upon the accused. The necessary B IPC may be spelt out as follows: ingredients of Section 304-B IPC may be spelt out as follows: ingredients of Section 304 (i) ng or bodily injury or any other un- that deceased died due to burning or bodily injury or any other un ng or bodily injury or any other un natural death; (ii) that the deceased died within seven years of her marriage; that the deceased died within seven years of her marriage; (iii) that the deceased was subjected to cruelty or harassment by her that the deceased was subjected to cruelty or harassment by her that the deceased was subjected to cruelty or harassment by her husband or his relatives; (iv) onnection with demand of that such cruelty or harassment was in connection with demand of that such cruelty or harassment was in c dowry; (v) that such cruelty or harassment was soon before her death. that such cruelty or harassment was soon before her death. Bearing the aforesaid ingredients in mind, the first and foremost issue in the 13. Bearing the aforesaid ingredients in mind, the first and foremost issue in the Bearing the aforesaid ingredients in mind, the first and foremost issue in the Bearing the aforesaid ingredients in mind, the first and foremost issue in the instant case would be as to whether it is instant case would be case of unnatural death or not. it is a case of unnatural death or not. Admittedly, the deceased (Kulwinder Kaur) after her death had been Admittedly, the deceased (Kulwinder Kaur) after her death had been Admittedly, the deceased (Kulwinder Kaur) after her death had been Admittedly, the deceased (Kulwinder Kaur) after her death had been mortem examination was conducted. In the absence of cremated and no post-mortem examination was conducted. In the absence of mortem examination was conducted. In the absence of cremated and no post any medical opinion or any other evidence regarding the death being any medical opinion or any other evidence regarding the death being any medical opinion or any other evidence regarding the death being any medical opinion or any other evidence regarding the death being said that the deceased had died unnatural or homicidal, it certainly cannot be said that the deceased had died unnatural or homicidal, it certainly cannot be unnatural or homicidal, it certainly cannot be his niece an unnatural death. Although the complainant alleges that his niece an unnatural death. Although the complainant alleges that an unnatural death. Although the complainant alleges that (deceased) had been poisoned, but there is no evidence to this effect. On the (deceased) had been poisoned, but there is no evidence to this effect. On the (deceased) had been poisoned, but there is no evidence to this effect. On the (deceased) had been poisoned, but there is no evidence to this effect. On the other hand, the defence witness examined by other hand, the defence witness Gursahib by the accused i.e. DW-1 Gursahib ingh, who is ex Member of the Panchayat of the village, stated that the Singh, who is ex Member of the Panchayat of the village, stated that the ingh, who is ex Member of the Panchayat of the village, stated that the ingh, who is ex Member of the Panchayat of the village, stated that the deceased had died all of a sudden and that she had never been harassed by deceased had died all of a sudden and that she had never been harassed by deceased had died all of a sudden and that she had never been harassed by deceased had died all of a sudden and that she had never been harassed by any of the accused. As such, the findings of the trial Court as regards instant any of the accused. As such, the findings of the trial Court as regards instant any of the accused. As such, the findings of the trial Court as regards instant any of the accused. As such, the findings of the trial Court as regards instant VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) case being a case of unnatural death cannot sustain case being a case of unnatura in the absence of medical l death cannot sustain in the absence of medical ( 8 ) evidence. The issue as regards death of Kulwinder Kaur having taken place within less 14. The issue as regards death of Kulwinder Kaur having taken place within less The issue as regards death of Kulwinder Kaur having taken place within less The issue as regards death of Kulwinder Kaur having taken place within less than 7 years of the marriage is not in dispute than 7 years of the marriage is However, the said fact would dispute. However, the said fact would assume importance only in case the other ingredient assume importance only in case the ot i.e. the instant case her ingredients i.e. the instant case being a case of unnatural death and there being some evidence regarding being a case of unnatural death and there being some evidence regarding being a case of unnatural death and there being some evidence regarding being a case of unnatural death and there being some evidence regarding harassment of the deceased, stand established harassment of the deceased Although the complainant and , stand established. Although the complainant and his son i.e. PW-1 Nazar Singh and PW- his son i.e. PW alleged that the -2 Amrik Singh alleged that the accused used to harass the deceased in order to press upon their demands of accused used to harass the deceased in order to press upon their demands of accused used to harass the deceased in order to press upon their demands of accused used to harass the deceased in order to press upon their demands of more dowry, but this Court finds that although the marriage had been more dowry, but this Court finds that although the marriage had been more dowry, but this Court finds that although the marriage had been more dowry, but this Court finds that although the marriage had been to the date of occurrence and the solemnized about 2 ½ years prior to the date of occurrence and the to the date of occurrence and the solemnized about 2 ½ years e started shortly after the marriage, but no harassment is stated to have started shortly after the marriage, but no e started shortly after the marriage, but no harassment is stated to hav complaint whatsoever was ever lodged with any authority in this regard. No complaint whatsoever was ever lodged with any authority in this regard. No complaint whatsoever was ever lodged with any authority in this regard. No complaint whatsoever was ever lodged with any authority in this regard. No Panchayat is even stated to have been convened to resolve the issue. Rather, Panchayat is even stated to have been convened to resolve the issue. Rather, Panchayat is even stated to have been convened to resolve the issue. Rather, Panchayat is even stated to have been convened to resolve the issue. Rather, DW-1 Gursahib Singh, ex 1 Gursahib Singh, ex-Member of the Panchayat of matrim onial village Member of the Panchayat of matrimonial village 1 Gursahib Singh of the deceased, has deposed to the contrary. DW-1 Gursahib Singh of the deceased, has deposed to the contrary. of the deceased, has deposed to the contrary. Kulwinder Kaur (deceased) had died suddenly and had specifically stated that Kulwinder Kaur (deceased) had died suddenly and had Kulwinder Kaur (deceased) had died suddenly and had specifically stated that Even the mediator to marriage namely no dispute with any family member. Even the mediator to marriage namely Even the mediator to marriage namely no dispute with any family member. As such, it will not be safe to rely Balwinder Singh has not been examined. As such, it will not be safe to rely As such, it will not be safe to rely Balwinder Singh has not b 1 Nazar upon the bald statements of the complainant and his son i.e. PW-1 Nazar upon the bald statements of the complainant and his son i.e. PW upon the bald statements of the complainant and his son i.e. PW 2 Amrik Singh, in this regard particularly when even the Singh and PW-2 Amrik Singh, in this regard particularly when even the 2 Amrik Singh, in this regard particularly when even the Singh and PW factum of the alleged unnatural death is not established. factum of the alleged unnatural death is not established. factum of the alleged unnatural death is not established. shot of the discussion made above, we find that all the necessary 15. As an up-shot of the discussion made above, we find that all the necessary shot of the discussion made above, we find that all the necessary shot of the discussion made above, we find that all the necessary B IPC are ingredients to constitute an offence punishable under Section 304-B IPC are ingredients to constitute an offence punishable under Section 304 ingredients to constitute an offence punishable under Section 304 not made out at all. Consequently, the findings against the accused having not made out at all. Consequently, the findings against the accused having not made out at all. Consequently, the findings against the accused having not made out at all. Consequently, the findings against the accused having VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document (O&M) CRA-D-752-DB-2004 (O&M) ( 9 ) B IPC cannot sustain and are hereby committed offence under Section 304-B IPC cannot sustain and are hereby B IPC cannot sustain and are hereby committed offence under Sec set aside. The accused not having committed any offence under Section 304- set aside. The accused not having committed any offence under Section 304 set aside. The accused not having committed any offence under Section 304 set aside. The accused not having committed any offence under Section 304 B IPC cannot be said to have destroyed any evidence when in fact the B IPC cannot be said to have destroyed any evidence when in fact the B IPC cannot be said to have destroyed any evidence when in fact the B IPC cannot be said to have destroyed any evidence when in fact the e conviction commission of offence itself is not established. As such, even the conviction commission of offence itself is not established. commission of offence itself is not established. of the appellant for offence under Section 201 IPC is unsustainable and is set of the appellant for offence under Section 201 IPC is unsustainable and is set of the appellant for offence under Section 201 IPC is unsustainable and is set of the appellant for offence under Section 201 IPC is unsustainable and is set aside. 16. The instant appeal is accepted and while setting aside the conviction t appeal, as such, is accepted and while setting aside the conviction is accepted and while setting aside the conviction of the appellant, he is acquitted of all the charges framed against him. of the appellant, he is acquitted of all the charges framed against of the appellant, he is acquitted of all the charges framed against Bail bonds/surety bonds, if any, furnished by the accused/appellants shall 17. Bail bonds/surety bonds, if any, furnished by the accused/appellants shall Bail bonds/surety bonds, if any, furnished by the accused/appellants shall Bail bonds/surety bonds, if any, furnished by the accused/appellants shall stand discharged. stand discharged. GURVINDER SINGH GILL) (GURVINDER SINGH GILL JUDGE 17.07.2025 Vimal (JASJIT SINGH BEDI) JUDGE Whether speaking/reasoned: Whether reportable: Yes/No Yes/No VIMAL KUMAR 2025.07.18 13:22 I attest to the accuracy and integrity of this document