CRA-S-1752 v. STATE OF PUNJAB

Judgment

1. The present appeal arises out of the judgment of conviction and The present appeal arises out of the judgment of conviction and The present appeal arises out of the judgment of conviction and order of sentence dated 10.08.2004 passed by the learned Sessions Judge, order of sentence dated 10.08.2004 passed by the learned Sessions Judge, order of sentence dated 10.08.2004 passed by the learned Sessions Judge, order of sentence dated 10.08.2004 passed by the learned Sessions Judge, B Sangrur, in FIR No. 122 dated 03.05.2003 registered under Sections 304-B Sangrur, in FIR No. 122 dated 03.05.2003 registered under Sections 304 Sangrur, in FIR No. 122 dated 03.05.2003 registered under Sections 304 olice Station Dhuri, District A of the Indian Penal Code, 1860, at Police Station Dhuri, District A of the Indian Penal Code, 1860, at P and 498-A of the Indian Penal Code, 1860, at P B IPC Sangrur, whereby the appellants were convicted under Section 304-B IPC Sangrur, whereby the appellants were convicted under Section 304 Sangrur, whereby the appellants were convicted under Section 304 and sentenced to undergo rigorous imprisonment for a period of 10 years and sentenced to undergo rigorous imprisonment for a period of 10 years and sentenced to undergo rigorous imprisonment for a period of 10 years and sentenced to undergo rigorous imprisonment for a period of 10 years each and, in default of payment of fine, to further along with fine of ₹2,000/- each and, in default of payment of fine, to further each and, in default of payment of fine, to further along with fine of CRA-S-1752 1752-SB-2004 (O&M) ergo rigorous imprisonment for six months each. The appellants were undergo rigorous imprisonment for six months each. The appellants were ergo rigorous imprisonment for six months each. The appellants were ergo rigorous imprisonment for six months each. The appellants were A IPC and sentenced to undergo rigorous also convicted under Section 498-A IPC and sentenced to undergo rigorous A IPC and sentenced to undergo rigorous also convicted under Section 498 imprisonment for one year each. Both the sentences were ordered to run imprisonment for one year each. Both the sentences were ordered to run imprisonment for one year each. Both the sentences were ordered to run imprisonment for one year each. Both the sentences were ordered to run concurrently. concurrently.

2. brief, is that the FIR in question was The prosecution case, in brief, is that the FIR in question was brief, is that the FIR in question was registered on the statement of complainant Manjeet Singh, brother of registered on the statement of complainant Manjeet Singh, brother of registered on the statement of complainant Manjeet Singh, brother of registered on the statement of complainant Manjeet Singh, brother of deceased Gurmeet Kaur. deceased Gurmeet Kaur.

2.1. As per the prosecution, Gurmeet Kaur was married to appellant As per the prosecution, Gurmeet Kaur was married to appellant As per the prosecution, Gurmeet Kaur was married to appellant sufficient dowry Jaspal Singh on 17.03.2002. At the time of marriage, sufficient dowry Jaspal Singh on 17.03.2002. At the time of marriage, no.2 Jaspal Singh on 17.03.2002. At the time of marriage, articles were allegedly given according to the financial capacity of the articles were allegedly given according to the financial capacity of the articles were allegedly given according to the financial capacity of the articles were allegedly given according to the financial capacity of the parental family of the deceased and a further amount of ₹25,000/- was parental family of the deceased and a further amount of parental family of the deceased and a further amount of allegedly paid on the occasion of the reception ceremony. allegedly paid on the occasion of the reception ceremony. allegedly paid on the occasion of the reception ceremony.

2.2. months of marriage, the accused It is alleged that after a few months of marriage, the accused months of marriage, the accused persons (appellants herein) namely Jaspal Singh (husband), Jeet Kaur (appellants herein) namely Jaspal Singh (husband), Jeet Kaur namely Jaspal Singh (husband), Jeet Kaur law) and Seema Rani (sister- (mother-in-law) and Seema Rani (sister law) started harassing and -in-law) started harassing and maltreating the deceased on account of insufficient dowry and raised a maltreating the deceased on account of insufficient dowry and raised a maltreating the deceased on account of insufficient dowry and raised a maltreating the deceased on account of insufficient dowry and raised a demand for a scooter. The deceased is stated to have informed her parental demand for a scooter. The deceased is stated to have informed her parental demand for a scooter. The deceased is stated to have informed her parental demand for a scooter. The deceased is stated to have informed her parental family on various occasions regarding the said harassment. family on various occasions regarding the said harassment. family on various occasions regarding the said harassment.

2.3. The prosecution further alleged that approximately two and a The prosecution further alleged that approximately two and a The prosecution further alleged that approximately two and a half months prior to the occurrence, both families had attended a marriage half months prior to the occurrence, both families had attended a marriage half months prior to the occurrence, both families had attended a marriage half months prior to the occurrence, both families had attended a marriage hereafter the accused where substantial dowry had allegedly been given and thereafter the accused where substantial dowry had allegedly been given and t where substantial dowry had allegedly been given and t again taunted the deceased for not bringing adequate dowry and reiterated again taunted the deceased for not bringing adequate dowry and reiterated again taunted the deceased for not bringing adequate dowry and reiterated again taunted the deceased for not bringing adequate dowry and reiterated their demand for a scooter. their demand for a scooter.

2.4. It is further the case of the prosecution that about 22 days prior It is further the case of the prosecution that about 22 days prior It is further the case of the prosecution that about 22 days prior le admitted in the to her death, the deceased delivered a female child and while admitted in the to her death, the deceased delivered a female child and whi to her death, the deceased delivered a female child and whi CRA-S-1752 1752-SB-2004 (O&M) hospital at Sangrur, she again disclosed to her mother and brother that she hospital at Sangrur, she again disclosed to her mother and brother that she hospital at Sangrur, she again disclosed to her mother and brother that she hospital at Sangrur, she again disclosed to her mother and brother that she was being harassed on account of dowry demands. was being harassed on account of dowry demands. was being harassed on account of dowry demands.

2.5. On 03.05.2003, information regarding the death of Gurmeet On 03.05.2003, information regarding the death of Gurmeet On 03.05.2003, information regarding the death of Gurmeet s alleged that being unable Kaur was received by the complainant party. It was alleged that being unable Kaur was received by the complainant party. It wa Kaur was received by the complainant party. It wa to bear the continuous harassment and cruelty at the hands of the accused to bear the continuous harassment and cruelty at the hands of the accused to bear the continuous harassment and cruelty at the hands of the accused to bear the continuous harassment and cruelty at the hands of the accused persons, the deceased consumed poisonous substance and died. persons, the deceased consumed poisonous substance and died. persons, the deceased consumed poisonous substance and died.

2.6. After investigation, challan was presented against the accused After investigation, challan was presented against the accused After investigation, challan was presented against the accused persons.

3. In order to substantiate its case, the prosecution examined PW 1 substantiate its case, the prosecution examined PW-1 Dr. R.P. Jindal, PW-2 Manjeet Singh, PW Dr. R.P. Jindal, PW 4 MHC 2 Manjeet Singh, PW-3 Jeet Kaur, PW-4 MHC Satwinder Singh, PW-5 Constable Jagtar Singh, PW Satwinder Singh, PW 6 DSP Gurbachan 5 Constable Jagtar Singh, PW-6 DSP Gurbachan Singh, PW-7 Jagdev Sharma, PW 7 Jagdev Sharma, PW-8 ASI Balbir Chand and PW 9 SI Kulwant 8 ASI Balbir Chand and PW-9 SI Kulwant Singh.

4. After the closure of the prosecution evidence, the statements of After the closure of the prosecution evidence, the statements of After the closure of the prosecution evidence, the statements of the accused persons under Section 313 Cr.P.C. were recorded, wherein all the accused persons under Section 313 Cr.P.C. were recorded, wherein all the accused persons under Section 313 Cr.P.C. were recorded, wherein all the accused persons under Section 313 Cr.P.C. were recorded, wherein all the incriminating circumstances appearing against them in the prosecution the incriminating circumstances appearing against them in the prosecution the incriminating circumstances appearing against them in the prosecution the incriminating circumstances appearing against them in the prosecution evidence were put to them. evidence were put to them.

4.1. The accused (appellants herein) denied all the allegations (appellants herein) denied all the allegations levelled by the prosecution and pleaded false implication and examined levelled by the prosecution and pleaded false implication and examined levelled by the prosecution and pleaded false implication and examined levelled by the prosecution and pleaded false implication and examined DW-1 Gurinder Singh and DW Gurinder Singh and DW-2 Inder Singh. It was specifically denied that 2 Inder Singh. It was specifically denied that deceased had been any demand for dowry had ever been raised or that the deceased had been any demand for dowry had ever been raised or that the any demand for dowry had ever been raised or that the subjected to harassment or cruelty on account thereof. The defence taken by subjected to harassment or cruelty on account thereof. The defence taken by subjected to harassment or cruelty on account thereof. The defence taken by subjected to harassment or cruelty on account thereof. The defence taken by the accused was that the deceased was treated properly in her matrimonial the accused was that the deceased was treated properly in her matrimonial the accused was that the deceased was treated properly in her matrimonial the accused was that the deceased was treated properly in her matrimonial home and that she remained under mental stress after giving birth to a home and that she remained under mental stress after giving birth to a home and that she remained under mental stress after giving birth to a home and that she remained under mental stress after giving birth to a CRA-S-1752 1752-SB-2004 (O&M) female child, as there were already six daughters in the female child, as family and there were already six daughters in the in-laws family and she had given birth to the seventh daughter. she had given birth to the seventh daughter.

4.2. The learned trial Court, after appreciating and evaluating the The learned trial Court, after appreciating and evaluating the The learned trial Court, after appreciating and evaluating the evidence available on record, held the accused guilty and convicted them evidence available on record, held the accused guilty and convicted them evidence available on record, held the accused guilty and convicted them evidence available on record, held the accused guilty and convicted them under Sections 304 ions 304-B and 498-A IPC.

5. by learned For sake of convenience, arguments advanced by learned For sake of convenience, arguments advance counsel for appellants No.1 and 2 and arguments advanced for appellant counsel for appellants No.1 and 2 and arguments advanced for appellant counsel for appellants No.1 and 2 and arguments advanced for appellant counsel for appellants No.1 and 2 and arguments advanced for appellant No.3 are taken up together to avoid repetition. No.3 are taken up together to avoid repetition. No.3 are taken up together to avoid repetition.

5.1.

Learned counsel for the appellants have vehemently argued that for the appellants have vehemently argued that the prosecution has failed to prove the essential ingredients required for the prosecution has failed to prove the essential ingredients required for the prosecution has failed to prove the essential ingredients required for the prosecution has failed to prove the essential ingredients required for constituting an offence under Section 304-B IPC. constituting an counsel for the B IPC. Learned counsel for the - contended that the allegation regarding payment of ₹25,000/- contended that the allegation regarding payment of appellants contended that the allegation regarding payment of . It is argued that reception ceremony expenses are totally vague. It is argued that reception ceremony expenses are totally vague towards the reception ceremony expenses are totally vague examination, categorically stated the complainant, during the course of cross-examination, categorically stated examination, categorically stated the complainant, during the course of cross that the said amount had allegedly been arranged by mortgaging the house that the said amount had allegedly been arranged by mortgaging the house that the said amount had allegedly been arranged by mortgaging the house that the said amount had allegedly been arranged by mortgaging the house with one Subegh Singh of Patiala, ith one Subegh Singh of Patiala, howeve r, the prosecution failed to owever, the prosecution failed to examine him before the Court. It has been further argued that no examine him before the Court. It has been further argued that no examine him before the Court. It has been further argued that no examine him before the Court. It has been further argued that no documentary evidence whatsoever, including mortgage documents, bank documentary evidence whatsoever, including mortgage documents, bank documentary evidence whatsoever, including mortgage documents, bank documentary evidence whatsoever, including mortgage documents, bank withdrawal records, receipts, or any other financial material, has been withdrawal records, receipts, or any other financial material, has been withdrawal records, receipts, or any other financial material, has been withdrawal records, receipts, or any other financial material, has been ution to establish that the complainant party had produced by the prosecution to establish that the complainant party had ution to establish that the complainant party had produced by the prosec actually borrowed any amount or was compelled to arrange funds on account actually borrowed any amount or was compelled to arrange funds on account actually borrowed any amount or was compelled to arrange funds on account actually borrowed any amount or was compelled to arrange funds on account of any alleged demand raised by the appellants. of any alleged demand raised by the appellants. of any alleged demand raised by the appellants.

5.2. It has been contended that there is no cogent, independent or It has been contended that there is no cogent, independent or It has been contended that there is no cogent, independent or ce to establish any demand of dowry or cruelty in connection reliable evidence to establish any demand of dowry or cruelty in connection ce to establish any demand of dowry or cruelty in connection reliable eviden therewith. The allegations regarding demand of scooter are vague, omnibus therewith. The allegations regarding demand of scooter are vague, omnibus therewith. The allegations regarding demand of scooter are vague, omnibus therewith. The allegations regarding demand of scooter are vague, omnibus CRA-S-1752 1752-SB-2004 (O&M) No independent witness has and unsupported by any independent witness. No independent witness has and unsupported by any independent witness. and unsupported by any independent witness. as come on record that been produced to prove such demand. Moreover, it has come on record that been produced to prove such demand. Moreover, it h been produced to prove such demand. Moreover, it h Jaspal Singh was already in possession of a scooter prior to the the appellant-Jaspal Singh was already in possession of a scooter prior to the Jaspal Singh was already in possession of a scooter prior to the the appellant marriage, which renders the alleged demand doubtful. marriage, which renders the alleged demand doubtful. marriage, which renders the alleged demand doubtful.

5.3. he mediators of the marriage, namely It is further argued that the mediators of the marriage, namely he mediators of the marriage, namely who were material and independent Sangat Singh and Kaka Singh, who were material and independent who were material and independent Sangat Singh and Kaka Singh, witnesses, were neither examined nor associated with the investigation. This witnesses, were neither examined nor associated with the investigation. This witnesses, were neither examined nor associated with the investigation. This witnesses, were neither examined nor associated with the investigation. This omission warrants an adverse inference under Section 114(g) of the omission warrants an adverse inference under Section 114(g) of the omission warrants an adverse inference under Section 114(g) of the omission warrants an adverse inference under Section 114(g) of the that their testimony would have been unfavourable to Evidence Act, 1872 that their testimony would have been unfavourable to that their testimony would have been unfavourable to Evidence Act osecution. the prosecution.

5.4. Learned counsel for the appellants that there are for the appellants submit that there are 3 material contradictions in the statements of PW-2 Manjeet Singh and PW-3 material contradictions in the statements of PW material contradictions in the statements of PW Jeet Kaur regarding the mediators and the alleged instances of harassment. Jeet Kaur regarding the mediators and the alleged instances of harassment. Jeet Kaur regarding the mediators and the alleged instances of harassment.

5.5. the medical evidence does not It is further contended that the medical evidence does not the medical evidence does not support the prosecution version of physical cruelty, inasmuch as no external support the prosecution version of physical cruelty, inasmuch as no external support the prosecution version of physical cruelty, inasmuch as no external support the prosecution version of physical cruelty, inasmuch as no external mortem report injury was found on the body of the deceased as per post-mortem report injury was found on the body of the deceased as per post injury was found on the body of the deceased as per post Ex.PA.

5.6. It is further argued that no complaint, panchayat, or legal action It is further argued that no complaint, panchayat, or legal acti was ever initiated by the complainant party during the lifetime of the was ever initiated by the complainant party during the lifetime of the was ever initiated by the complainant party during the lifetime of the was ever initiated by the complainant party during the lifetime of the deceased. Such silence is inconsistent with the allegations of continuous deceased. Such silence is inconsistent with the allegations of continuous deceased. Such silence is inconsistent with the allegations of continuous deceased. Such silence is inconsistent with the allegations of continuous harassment and creates a serious doubt about the veracity of the prosecution harassment and creates a serious doubt about the veracity of the prosecution harassment and creates a serious doubt about the veracity of the prosecution harassment and creates a serious doubt about the veracity of the prosecution case.

5.7. argued that the deceased had delivered a It has further been argued that the deceased had delivered a argued that the deceased had delivered a female child merely 22 days prior to the occurrence and was suffering from female child merely 22 days prior to the occurrence and was suffering from female child merely 22 days prior to the occurrence and was suffering from female child merely 22 days prior to the occurrence and was suffering from CRA-S-1752 1752-SB-2004 (O&M) partum depression. The accused family had taken proper care of the post-partum depression. The accused family had taken proper care of the partum depression. The accused family had taken proper care of the partum depression. The accused family had taken proper care of the deceased and got her admitted in a private hospital at their own expense. deceased and got her admitted in a private hospital at their own ex deceased and got her admitted in a private hospital at their own ex

5.8. 1 Reliance has also been placed upon the testimony of DW-1 Reliance has also been placed upon the testimony of DW Gurinder Singh, who stated that there was no demand of dowry or Gurinder Singh, who stated that there was no demand of dowry or Gurinder Singh, who stated that there was no demand of dowry or Gurinder Singh, who stated that there was no demand of dowry or 2 Inder Singh, who deposed regarding the possibility of harassment, and DW-2 Inder Singh, who deposed regarding the possibility of 2 Inder Singh, who deposed regarding the possibility of harassment, and DW partum depression after childbirth. post-partum depression after childbirth.

5.9. On the basis of the aforesaid submissions, learned counsel for On the basis of the aforesaid submissions, learned counsel that the prosecution has failed to prove cruelty or the appellants submit that the prosecution has failed to prove cruelty or that the prosecution has failed to prove cruelty or the appellants submit or attracting harassment “soon before death”, which is a sine qua non for attracting harassment “soon before death”, which is a harassment “soon before death”, which is a Section 304- -B IPC. The essential ingredients of A and The essential ingredients of Sections 304-B, 498-A and 306 IPC are not made out, and the impugned judgment of conviction is liable 306 IPC are not made out, and the impugned judgment of conviction is liable 306 IPC are not made out, and the impugned judgment of conviction is liable 306 IPC are not made out, and the impugned judgment of conviction is liable be acquitted of all the to be set aside. The appellants, therefore, deserve to be acquitted of all the to be set aside. The appellants, therefore, deserve to to be set aside. The appellants, therefore, deserve to charges by giving them the benefit of doubt. charges by giving them the benefit of doubt.

6. State counsel has supported the impugned Per contra, learned State counsel has supported the impugned State counsel has supported the impugned judgment and contended that the prosecution has successfully established judgment and contended that the prosecution has successfully established judgment and contended that the prosecution has successfully established judgment and contended that the prosecution has successfully established that the deceased was subjected to cruelty and harassment in connection with that the deceased was subjected to cruelty and harassment in connection with that the deceased was subjected to cruelty and harassment in connection with that the deceased was subjected to cruelty and harassment in connection with dowry demands. dowry demands.

6.1. njeet Singh and It is argued that the testimonies of PW-2 Manjeet Singh and It is argued that the testimonies of PW 3 Jeet Kaur clearly prove that the accused persons were dissatisfied with PW-3 Jeet Kaur clearly prove that the accused persons were dissatisfied with 3 Jeet Kaur clearly prove that the accused persons were dissatisfied with 3 Jeet Kaur clearly prove that the accused persons were dissatisfied with It is further the dowry given and were persistently demanding a scooter. It is further the dowry given and were persistently demanding a scooter. the dowry given and were persistently demanding a scooter. submitted that the death of the deceased occurred within seven years of submitted that the death of the deceased occurred within seven years of submitted that the death of the deceased occurred within seven years of submitted that the death of the deceased occurred within seven years of unnatural circumstances. The Chemical Examiner’s marriage and under unnatural circumstances. The Chemical Examiner’s unnatural circumstances. The Chemical Examiner’s marriage and under report established presence of organophosphorus pesticide in the viscera, report established presence of organophosphorus pesticide in the viscera, report established presence of organophosphorus pesticide in the viscera, report established presence of organophosphorus pesticide in the viscera, thereby proving death by poisoning. thereby proving death by poisoning. CRA-S-1752 1752-SB-2004 (O&M)

6.2. Learned State counsel further contends Learned State counsel further contends Learned State counsel further contends that once that once that once wise than under normal circumstances established that a woman died otherwise than under normal circumstances wise than under normal circumstances established that a woman died other within seven years of marriage and was subjected to cruelty or harassment in within seven years of marriage and was subjected to cruelty or harassment in within seven years of marriage and was subjected to cruelty or harassment in within seven years of marriage and was subjected to cruelty or harassment in connection with dowry demand soon before her death, the presumption connection with dowry demand soon before her death, the presumption connection with dowry demand soon before her death, the presumption connection with dowry demand soon before her death, the presumption under Section 113-B of the Indian Evidence Act automatically arises agains under Section 113 t B of the Indian Evidence Act automatically arises against the accused.

6.3. It is thus argued that the prosecution has duly proved all It is thus argued that the prosecution has duly proved all It is thus argued that the prosecution has duly proved all IPC and foundational facts necessary for attracting Section 498-A and 304-B IPC and foundational facts necessary for attracting Section foundational facts necessary for attracting Section the learned trial Court rightly convicted the appellants. the learned trial Court rightly convicted the appellants. the learned trial Court rightly convicted the appellants.

7. Heard the counsels appearing for both sides and have carefully or both sides and have carefully gone through the record. Sections 498-A and 304 gone through the record. A and 304-B of IPC read as under: A. Husband or relative of husband of a woman subjecting 498-A. Husband or relative of husband of a woman subjecting A. Husband or relative of husband of a woman subjecting "498 her to cruelty.- her to cruelty Whoever, being the husband or the relative of the husband of a Whoever, being the husband or the relative of the husband of a Whoever, being the husband or the relative of the husband of a Whoever, being the husband or the relative of the husband of a uch woman to cruelty shall be punished with woman, subjects such woman to cruelty shall be punished with uch woman to cruelty shall be punished with woman, subjects s imprisonment for a term which may extend to three years and shall imprisonment for a term which may extend to three years and shall imprisonment for a term which may extend to three years and shall imprisonment for a term which may extend to three years and shall also be liable to fine. also be liable to fine. Explanation.-For the purposes of this section, "cruelty" means Explanation. For the purposes of this section, "cruelty" means- ely to drive (a) any wilful conduct which is of such a nature as is likely to drive (a) any wilful conduct which is of such a nature as is lik (a) any wilful conduct which is of such a nature as is lik the woman to commit suicide or to cause grave injury or danger to the woman to commit suicide or to cause grave injury or danger to the woman to commit suicide or to cause grave injury or danger to the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or life, limb or health (whether mental or physical) of the woman; or life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view (b) harassment of the woman where such harassment is with a view (b) harassment of the woman where such harassment is with a view (b) harassment of the woman where such harassment is with a view to meet any unlawful to coercing her or any person related to her to meet any unlawful to coercing her or any person related to her to coercing her or any person related to her demand for any property or valuable security or is on account of demand for any property or valuable security or is on account of demand for any property or valuable security or is on account of demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." failure by her or any person related to her to meet such demand." failure by her or any person related to her to meet such demand." CRA-S-1752 1752-SB-2004 (O&M) 304-B. Dowry death.- "304 (1) Where the death of a woman is caused by any burns or bodily (1) Where the death of a woman is caused by any burns or bodily (1) Where the death of a woman is caused by any burns or bodily (1) Where the death of a woman is caused by any burns or bodily therwise than under normal circumstances within injury or occurs otherwise than under normal circumstances within therwise than under normal circumstances within injury or occurs o seven years of her marriage and it is shown that soon before her seven years of her marriage and it is shown that soon before her seven years of her marriage and it is shown that soon before her 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 death she was subjected to cruelty or harassment by her husband or death she was subjected to cruelty or harassment by her husband or death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand any relative of her husband for, or in connection with, any demand any relative of her husband for, or in connection with, any demand any relative of her husband for, or in connection with, any demand , such death shall be called "dowry death", and such for dowry, such death shall be called "dowry death", and such , such death shall be called "dowry death", and such for dowry husband or relative shall be deemed to have caused her death. husband or relative shall be deemed to have caused her death. husband or relative shall be deemed to have caused her death. Explanation.-For the purpose of this sub Explanation. section, "dowry" shall For the purpose of this sub-section, "dowry" shall have the same meaning as in Section 2 of the Dowry Prohibition have the same meaning as in Section 2 of the Dowry Prohibition have the same meaning as in Section 2 of the Dowry Prohibition have the same meaning as in Section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). Act, 1961 (28 (2) Whoever commits dowry death shall be punished with (2) Whoever commits dowry death shall be punished with (2) Whoever commits dowry death shall be punished with (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years imprisonment for a term which shall not be less than seven years imprisonment for a term which shall not be less than seven years imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life." but which may extend to imprisonment for life." but which may extend to imprisonment for life." B The following are the essential ingredients of Section 304-B The following are the essential ingredients of Section 304

8. IPC: death of a woman must have been caused by any burns or bodily a) The death of a woman must have been caused by any burns or bodily death of a woman must have been caused by any burns or bodily death of a woman must have been caused by any burns or bodily injury, or must have occurred otherwise than under normal circumstances; injury, or must have occurred otherwise than under normal circumstances; injury, or must have occurred otherwise than under normal circumstances; b) The death must have been caused within seven years of her marriage; b) The death must have been caused within seven years of her marriage; b) The death must have been caused within seven years of her marriage; cted to cruelty or c) Soon before her death, she must have been subjected to cruelty or c) Soon before her death, she must have been subje c) Soon before her death, she must have been subje harassment by the husband or any relative of her husband; and harassment by the husband or any relative of her husband; and harassment by the husband or any relative of her husband; and d) Cruelty or harassment must be for, or in connection with, any demand for d) Cruelty or harassment must be for, or in connection with, any demand for d) Cruelty or harassment must be for, or in connection with, any demand for d) Cruelty or harassment must be for, or in connection with, any demand for dowry. CRA-S-1752 1752-SB-2004 (O&M)

9. It is undisputed in the present case that the of appellant resent case that the wife of appellant no.2 died within seven died within seven years of their marriage, thereby it is to be seen years of their marriage, thereby it is to be seen whether the provisions of Section 113 the provisions of Section 113-B of the B of the Indian Evidence Act are B of Indian Evidence Act reads as under: attracted or not. Section 113-B of Indian Evidence Act reads as under: attracted or not. Section 113 113-B. Presumption as to dowry death "113 B. Presumption as to dowry death.- whether a person has committed the dowry When the question is whether a person has committed the dowry whether a person has committed the dowry When the question is death of a woman and it is shown that soon before her death such death of a woman and it is shown that soon before her death such death of a woman and it is shown that soon before her death such death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment woman had been subjected by such person to cruelty or harassment woman had been subjected by such person to cruelty or harassment woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall for, or in connection with, any demand for dowry, the Court shall for, or in connection with, any demand for dowry, the Court shall for, or in connection with, any demand for dowry, the Court shall erson had caused the dowry death. presume that such person had caused the dowry death. presume that such p For the purposes of this section, "dowry death" shall Explanation.-For the purposes of this section, "dowry death" shall For the purposes of this section, "dowry death" shall Explanation. B of Indian Penal Code have the same meaning as in Section 304-B of Indian Penal Code have the same meaning as in Section 304 have the same meaning as in Section 304 (45 of 1860)." (45 of 1860)."

10. of Indian Evidence Act The presumption under Section 113-B of Indian Evidence Act The presumption under Section 113 hen it is established that soon before her death, the woman has will apply when it is established that soon before her death, the woman has hen it is established that soon before her death, the woman has hen it is established that soon before her death, the woman has been subjected by the accused to cruelty or harassment for, or in connection been subjected by the accused to cruelty or harassment for, or in connection been subjected by the accused to cruelty or harassment for, or in connection been subjected by the accused to cruelty or harassment for, or in connection with, any demand for dowry. Therefore, even for attracting Section 113 with, any demand for dowry. Therefore, ev B of en for attracting Section 113-B of st establish that the deceased was Indian Evidence Act, the prosecution must establish that the deceased was st establish that the deceased was Indian Evidence Act, subjected by the appellant to cruelty or harassment for or in connection with subjected by the appellant to cruelty or harassment for or in connection with subjected by the appellant to cruelty or harassment for or in connection with subjected by the appellant to cruelty or harassment for or in connection with any demand of dowry soon before her death. Unless these facts are proved, any demand of dowry soon before her death. Unless these facts are proved, any demand of dowry soon before her death. Unless these facts are proved, any demand of dowry soon before her death. Unless these facts are proved, B of the Evidence Act cannot be the presumptions under Section 113-B of the Evidence Act cannot be B of the Evidence Act cannot be the presumptions under Section 113 invoked.

11. The Hon’ble Supreme Court, in the judgment of Satbir Singh v. , in the judgment of Satbir Singh v. State of Haryana, 2021 AIR (SC) 2627; State of Haryana, summarised the law under 2021 AIR (SC) 2627; has summarised the law under Section 304-B, IPC and Section 113 B, Evidence Act as under: B, IPC and Section 113-B, Evidence Act as under: CRA-S-1752 1752-SB-2004 (O&M) "i. Section 304-B, IPC must be interpreted keeping in "i. Section 304 mind the B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry legislative intent to curb the social evil of bride burning and dowry legislative intent to curb the social evil of bride burning and dowry legislative intent to curb the social evil of bride burning and dowry demand. demand. ii. The prosecution must at first establish the existence of the ii. The prosecution must at first establish the existence of the ii. The prosecution must at first establish the existence of the ii. The prosecution must at first establish the existence of the - necessary ingredients for constituting an offence under Section 304 necessary ingredients for constituting an offence under Section 304- necessary ingredients for constituting an offence under Section 304 atisfied, the rebuttable B, IPC. Once these ingredients are satisfied, the rebuttable B, IPC. Once these ingredients are s B, IPC. Once these ingredients are s B, Evidence presumption of causality, provided under Section 113-B, Evidence presumption of causality, provided under Section 113 presumption of causality, provided under Section 113 Act operates against the accused. Act operates against the accused. B, IPC iii. The phrase "soon before" as appearing in Section 304-B, IPC iii. The phrase "soon before" as appearing in Section 304 iii. The phrase "soon before" as appearing in Section 304 cannot be construed to mean `immediately before'. The prosecution cannot be construed to mean `immediately before'. The prosecution cannot be construed to mean `immediately before'. The prosecution cannot be construed to mean `immediately before'. The prosecution ust establish existence of "proximate and live link" between the must establish existence of "proximate and live link" between the ust establish existence of "proximate and live link" between the ust establish existence of "proximate and live link" between the dowry death and cruelty or harassment for dowry demand by the dowry death and cruelty or harassment for dowry demand by the dowry death and cruelty or harassment for dowry demand by the dowry death and cruelty or harassment for dowry demand by the husband or his relatives. husband or his relatives. B, IPC does not take a pigeonhole approach in iv. Section 304-B, IPC does not take a pigeonhole approach in B, IPC does not take a pigeonhole approach in iv. Section 304 al or accidental. The categorizing death as homicidal or suicidal or accidental. The categorizing death as homicidal or suicid categorizing death as homicidal or suicid reason for such non categorization is due to the fact that death reason for such non categorization is due to the fact that death reason for such non categorization is due to the fact that death reason for such non categorization is due to the fact that death occurring "otherwise than under normal circumstances" can, in occurring "otherwise than under normal circumstances" can, in occurring "otherwise than under normal circumstances" can, in occurring "otherwise than under normal circumstances" can, in cases, be homicidal or suicidal or accidental." cases, be homicidal or suicidal or accidental." cases, be homicidal or suicidal or accidental."

12. In the present case, it is not disputed that the death of the In the present case, it is not disputed that the death of the In the present case, it is not disputed that the death of the deceased took place within seven years of marriage and that the same deceased took place within seven years of marriage and that the same deceased took place within seven years of marriage and that the same deceased took place within seven years of marriage and that the same occurred otherwise than under normal circumstances. However, these two occurred otherwise than under normal circumstances. However, these two occurred otherwise than under normal circumstances. However, these two occurred otherwise than under normal circumstances. However, these two - circumstances alone are insufficient to attract the provisions of Section 304- circumstances alone are insufficient to attract the pr circumstances alone are insufficient to attract the pr B IPC. The prosecution is further required to establish that the deceased was B IPC. The prosecution is further required to establish that the deceased was B IPC. The prosecution is further required to establish that the deceased was B IPC. The prosecution is further required to establish that the deceased was subjected to cruelty or harassment in connection with demand for dowry subjected to cruelty or harassment in connection with demand for dowry subjected to cruelty or harassment in connection with demand for dowry subjected to cruelty or harassment in connection with demand for dowry soon before her death. It is only upon proof of these foundational facts that soon before her death. It is only upon proof of these foundational facts that soon before her death. It is only upon proof of these foundational facts that soon before her death. It is only upon proof of these foundational facts that CRA-S-1752 1752-SB-2004 (O&M) B of the Indian Evidence Act tatutory presumption under Section 113-B of the Indian Evidence Act tatutory presumption under Section 113 the statutory presumption under Section 113 can be invoked against the accused. can be invoked against the accused.

13. Adverting to the facts of the present case, upon careful Adverting to the facts of the present case, upon careful Adverting to the facts of the present case, upon careful finds that the appraisal of the entire evidence available on record, this Court finds that the appraisal of the entire evidence available on record, appraisal of the entire evidence available on record, prosecution has failed to establish beyond reasonable doubt that the prosecution has failed to establish beyond reasonable doubt that the prosecution has failed to establish beyond reasonable doubt that the prosecution has failed to establish beyond reasonable doubt that the deceased, Gurmeet Kaur, was subjected to cruelty or harassment by the deceased, Gurmeet Kaur, was subjected to cruelty or harassment by the deceased, Gurmeet Kaur, was subjected to cruelty or harassment by the deceased, Gurmeet Kaur, was subjected to cruelty or harassment by the appellants in connection with a demand for dowry soon before her death. appellants in connection with a demand for dowry soon before her death. appellants in connection with a demand for dowry soon before her death. appellants in connection with a demand for dowry soon before her death. t has been alleged by the complainant–PW2 Manjeet Singh that t has been alleged by the complainant Though it has been alleged by the complainant sufficient dowry articles were given at the time of marriage. However, sufficient dowry articles were given at the time of marriage. However, sufficient dowry articles were given at the time of marriage. However, sufficient dowry articles were given at the time of marriage. However, except for the bald and omnibus assertions of the complainant, no except for the bald and omnibus assertions of the complainant, no except for the bald and omnibus assertions of the complainant, no except for the bald and omnibus assertions of the complainant, no independent witness has been examined by the prosecution to substantiate independent witness has been examined by the prosecution to substantiate independent witness has been examined by the prosecution to substantiate independent witness has been examined by the prosecution to substantiate the said allegation which forms the substratum of the FIR the said allegation . Even if it is ich forms the substratum of the FIR. Even if it is presumed that certain customary articles were given at the time of marriage, presumed that certain customary articles were given at the time of marriage, presumed that certain customary articles were given at the time of marriage, presumed that certain customary articles were given at the time of marriage, there is nothing on record to establish that the same were given pursuant to there is nothing on record to establish that the same were given pursuant to there is nothing on record to establish that the same were given pursuant to there is nothing on record to establish that the same were given pursuant to Mere giving of gifts or any specific demand raised by the accused persons. Mere giving of gifts or any specific demand raised by the accused persons. any specific demand raised by the accused persons. articles at the time of marriage, in the absence of cogent evidence regarding articles at the time of marriage, in the absence of cogent evidence regarding articles at the time of marriage, in the absence of cogent evidence regarding articles at the time of marriage, in the absence of cogent evidence regarding demand, cannot be termed as dowry within the meaning of law. demand, cannot be termed as dowry within the meaning of law. demand, cannot be termed as dowry within the meaning of law.

14. pertains to an The second allegation against the appellants pertains to an The second allegation against the , which, according to the complainant party, alleged demand of ₹25,000/-, which, according to the complainant party, , which, according to the complainant party, alleged demand of was paid towards the reception party expenses was paid towards the reception expenses after the marriage. The complainant, during cross-examination, has complainant, during cross above amount of has stated that the above amount of ₹25,000/- was arranged was arranged by mortgaging the house with one Singh of gaging the house with one Subegh Singh of Patiala. Said Subegh Singh would have been Patiala. Said the best witness to corroborate would have been the best witness to corroborate the version of the complainant regarding the alleged financial compulsion the version of the complainant regarding the alleged financial compulsion the version of the complainant regarding the alleged financial compulsion the version of the complainant regarding the alleged financial compulsion . and borrowing of money to satisfy the alleged demand of the appellants. and borrowing of money to satisfy the alleged demand of the and borrowing of money to satisfy the alleged demand of the failed to examine the said witness. However, the prosecution has failed to examine the said witness. failed to examine the said witness. However, the prosec CRA-S-1752 1752-SB-2004 (O&M) Furthermore, no documentary evidence such as bank withdrawal records, Furthermore, no documentary evidence such as bank withdrawal records, Furthermore, no documentary evidence such as bank withdrawal records, Furthermore, no documentary evidence such as bank withdrawal records, mortgage documents, or any other financial record has been produced to mortgage documents, or any other financial record has been produced to mortgage documents, or any other financial record has been produced to mortgage documents, or any other financial record has been produced to establish that the complainant party had borrowed money or was compelled establish that the complainant party had borrowed money or was compel establish that the complainant party had borrowed money or was compel to arrange funds to meet any alleged demand raised by the accused persons. to arrange funds to meet any alleged demand raised by the accused persons. to arrange funds to meet any alleged demand raised by the accused persons. to arrange funds to meet any alleged demand raised by the accused persons. No relative, employer, or even the maternal uncles of the deceased, who No relative, employer, or even the maternal uncles of the deceased, who No relative, employer, or even the maternal uncles of the deceased, who No relative, employer, or even the maternal uncles of the deceased, who allegedly contributed towards the marriage expenses, have been examined allegedly contributed towards the marriage expenses, have been examined allegedly contributed towards the marriage expenses, have been examined allegedly contributed towards the marriage expenses, have been examined to the complainant’s version. by the prosecution to lend support to the complainant’s version. by the prosecution to lend

15. The further allegation regarding demand of a scooter at the time The further allegation regarding demand of a scooter at the time The further allegation regarding demand of a scooter at the time from any reliable or of birth of a female child also does not find support from any reliable or of birth of a female child also does not find of birth of a female child also does not find independent evidence available on record. Rather, it has come in evidence independent evidence available on record. Rather, it has come in evidence independent evidence available on record. Rather, it has come in evidence independent evidence available on record. Rather, it has come in evidence laws of the deceased had borne the medical expenses relating to that the in-laws of the deceased had borne the medical expenses relating to laws of the deceased had borne the medical expenses relating to laws of the deceased had borne the medical expenses relating to admitted in one of the reputed the delivery and had got the deceased admitted in one of the reputed admitted in one of the reputed the delivery and had hospitals in the town. In such circumstances, the allegation that, on the one hospitals in the town. In such circumstances, the allegation that, on the one hospitals in the town. In such circumstances, the allegation that, on the one hospitals in the town. In such circumstances, the allegation that, on the one g the medical expenses of the hand, the accused persons were bearing the medical expenses of the g the medical expenses of the hand, the accused persons were bearin deceased and, on the other hand, simultaneously raising a demand for a deceased and, on the other hand, simultaneously raising a demand for a deceased and, on the other hand, simultaneously raising a demand for a deceased and, on the other hand, simultaneously raising a demand for a scooter, appears improbable. Moreover, it has also come on record that the scooter, appears improbable. Moreover, it has also come on record that the scooter, appears improbable. Moreover, it has also come on record that the scooter, appears improbable. Moreover, it has also come on record that the appellant’s family was already in possession of a scooter prior to the ’s family was already in possession of a scooter prior to the was already in possession of a scooter prior to the thereby rendering the said allegation further doubtful. marriage, thereby rendering the said allegation further doubtful. thereby rendering the said allegation further doubtful.

16. the statements of the complainant, no Even in the FIR and in the statements of the complainant, no the statements of the complainant, no specific instance of harassment immediately prior to the death of the specific instance of harassment immediately prior to the death of the specific instance of harassment immediately prior to the death of the specific instance of harassment immediately prior to the death of the deceased has been mentioned so as to satisfy the essential requirement of deceased has been mentioned so as to satisfy the essential requirement of deceased has been mentioned so as to satisfy the essential requirement of deceased has been mentioned so as to satisfy the essential requirement of Neither the FIR nor the testimonies of the material “soon before death”. Neither the FIR nor the testimonies of the material Neither the FIR nor the testimonies of the material “soon before death”. witnesses specify with clarity the date, time, place, or manner of any witnesses specify with clarity the date, time, place, or manner of any witnesses specify with clarity the date, time, place, or manner of any witnesses specify with clarity the date, time, place, or manner of any particular incident of cruelty. particular incident of cruelty.

17. 2 The prosecution case mainly rests upon the testimonies of PW-2 The prosecution case mainly rests upon the testimonies of PW 3 Jeet Kaur, mother of the Manjeet Singh, brother of the deceased, and PW-3 Jeet Kaur, mother of the Manjeet Singh, brother of the deceased, and PW Manjeet Singh, brother of the deceased, and PW CRA-S-1752 1752-SB-2004 (O&M) However, a close scrutiny of their depositions reveals material deceased. However, a close scrutiny of their depositions reveals material However, a close scrutiny of their depositions reveals material However, a close scrutiny of their depositions reveals material discrepancies and omissions, which render their testimonies unreliable and discrepancies and omissions, which render their testimonies unreliable and discrepancies and omissions, which render their testimonies unreliable and discrepancies and omissions, which render their testimonies unreliable and - unworthy of reliance. Manjeet Singh (PW-2), during the course of his cross 2), during the course of his cross- unworthy of reliance. Manjeet Singh (PW examination, admitted that he had not stated in his st examination, admitted that he had not stat atement made to the ed in his statement made to the PE, that the accused used to beat the deceased. The said assertion, police, Ex.PE, that the accused used to beat the deceased. The said assertion, PE, that the accused used to beat the deceased. The said assertion, PE, that the accused used to beat the deceased. The said assertion, having been introduced for the first time during trial, amounts to a material having been introduced for the first time during trial, amounts to a material having been introduced for the first time during trial, amounts to a material having been introduced for the first time during trial, amounts to a material improvement. PW-3 Jeet Kaur, mother of the deceased, during her cro improvement. PW - 3 Jeet Kaur, mother of the deceased, during her cross- examination, admitted that in her statement she did not mention the names of examination, admitted that in her statement she did not mention the names of examination, admitted that in her statement she did not mention the names of examination, admitted that in her statement she did not mention the names of of her deceased the accused and only referred to the family of the in-laws of her deceased the accused and only referred to the family of the in the accused and only referred to the family of the in . She further stated that she had not recorded in her statement under daughter. She further stated that she had not recorded in her statement under . She further stated that she had not recorded in her statement under . She further stated that she had not recorded in her statement under t the accused had misbehaved with them at Renu Section 161 Cr.P.C. that the accused had misbehaved with them at Renu t the accused had misbehaved with them at Renu Section 161 Cr.P.C. tha Singla Hospital. She also admitted that she had not got it recorded that Singla Hospital. She also admitted that she had not got it recorded that Singla Hospital. She also admitted that she had not got it recorded that Singla Hospital. She also admitted that she had not got it recorded that Seema (appellant no.3/ sister (appellant no.3/ sister-in-law) had told them that had told them that upon their return to a scooter, failing which their daughter the hospital, they should have given a scooter, failing which their daughter a scooter, failing which their daughter the hospital, they should would be sent back. PW-2 Manjeet Singh, during his cross would be sent back. examination, 2 Manjeet Singh, during his cross-examination, stated that the mediators did not meet them after the marriage and that he stated that the mediators did not meet them after the marriage and that he stated that the mediators did not meet them after the marriage and that he stated that the mediators did not meet them after the marriage and that he had not complained to them regarding the alleged harassment or demand for had not complained to them regarding the alleged harassment or demand had not complained to them regarding the alleged harassment or demand a scooter made by the accused family. He specifically stated that he did not a scooter made by the accused family. He specifically stated that he did not a scooter made by the accused family. He specifically stated that he did not a scooter made by the accused family. He specifically stated that he did not - visit their house. On the other hand, PW-3 Jeet Kaur stated during her cross 3 Jeet Kaur stated during her cross- visit their house. On the other hand, PW examination that Sangat Singh and his son Kaka were the mediators of the examination that Sangat Singh and his son Kaka were the mediators of the examination that Sangat Singh and his son Kaka were the mediators of the examination that Sangat Singh and his son Kaka were the mediators of the ad approached both mediators informing them that marriage, and that they had approached both mediators informing them that ad approached both mediators informing them that marriage, and that they h the accused were harassing Gurmeet Kaur the accused were harassing Gurmeet Kaur . According to (since deceased). According to at they would call the accused. her, the mediators told them that they would call the accused. her, the mediators told them th

18. 3 This contradiction between the testimonies of PW-2 and PW-3 This contradiction between the testimonies of PW with regard to ard to approaching the mediators of the marriage for the alleged the mediators of the marriage for the alleged demand of dowry and harassment caused to deceased Gurmeet Kaur demand of dowry and harassment creates caused to deceased Gurmeet Kaur creates CRA-S-1752 1752-SB-2004 (O&M) a serious doubt doubt in the prosecution story, particularly when the prosecution in the prosecution story, particularly when the prosecution who were the most has failed to examine the mediators of the marriage who were the most has failed to examine the mediators of the m has failed to examine the mediators of the m natural and independent witnesses to whom complaints were allegedly made. natural and independent witnesses to whom complaints were allegedly made. natural and independent witnesses to whom complaints were allegedly made. natural and independent witnesses to whom complaints were allegedly made. examination, without any plausible explanation, invites an adverse Their non-examination, without any plausible explanation, invites an adverse examination, without any plausible explanation, invites an adverse examination, without any plausible explanation, invites an adverse inference under Section 114(g) of the Indian inference under Section 114(g) of the Evidence Act that their Indian Evidence Act that their would not have supported the prosecution case. testimony would not have supported the prosecution case. would not have supported the prosecution case.

19. 1 Gurinder Singh, On the contrary, the defence examined DW-1 Gurinder Singh, On the contrary, the defence examined DW who categorically stated in his examination- who categorically stated in his examination chief that he had acted as a -in-chief that he had acted as a mediator in the marriage of Gurmeet Kaur with Jaspal Singh and had been mediator in the marriage of Gurmeet Kaur with Jaspal Singh and had be mediator in the marriage of Gurmeet Kaur with Jaspal Singh and had be visiting their house even after the marriage. He further deposed that Gurmeet visiting their house even after the marriage. He further deposed that Gurmeet visiting their house even after the marriage. He further deposed that Gurmeet visiting their house even after the marriage. He further deposed that Gurmeet Kaur was living happily in her matrimonial home and had never made any Kaur was living happily in her matrimonial home and had never made any Kaur was living happily in her matrimonial home and had never made any Kaur was living happily in her matrimonial home and had never made any complaint to him regarding any demand of dowry, scooter or harassment at complaint to him regarding any demand of dowry, scooter or harassment at complaint to him regarding any demand of dowry, scooter or harassment at complaint to him regarding any demand of dowry, scooter or harassment at s. He also stated that neither the brother, the hands of the accused persons. He also stated that neither the brother, s. He also stated that neither the brother, the hands of the accused person father, mother nor any other member of the parental family of Gurmeet Kaur father, mother nor any other member of the parental family of Gurmeet Kaur father, mother nor any other member of the parental family of Gurmeet Kaur father, mother nor any other member of the parental family of Gurmeet Kaur had ever complained to him regarding any demand of dowry by the accused. had ever complained to him regarding any demand of dowry by the accused. had ever complained to him regarding any demand of dowry by the accused. had ever complained to him regarding any demand of dowry by the accused. Though the witness was cross-examined at length Though the witness was cross on, no at length by the prosecution, no suggestion was put to him that he was not a mediator of the marriage. He suggestion was put to him that he was not a mediator of the marriage. He suggestion was put to him that he was not a mediator of the marriage. He suggestion was put to him that he was not a mediator of the marriage. He xcept for a was also not confronted on any material aspect of his testimony, except for a was also not confronted on any material aspect of his testimony was also not confronted on any material aspect of his testimony bald suggestion that he had deposed falsely to save the accused, his bald suggestion that he had deposed falsely to save the accused, his bald suggestion that he had deposed falsely to save the accused, his bald suggestion that he had deposed falsely to save the accused, his testimony remained substantially unshaken. testimony remained substantia

20. Another important circumstance which creates doubt in the Another important circumstance which creates doubt in the Another important circumstance which creates doubt in the prosecution case is the absence of any medical evidence supporting the prosecution case is the absence of any medical evidence supporting the prosecution case is the absence of any medical evidence supporting the prosecution case is the absence of any medical evidence supporting the mortem examination of allegations of physical assault or beating. The post-mortem examination of allegations of physical assault or beating. The post allegations of physical assault or beating. The post the deceased was conducted by Dr. R.P. Jindal (PW the deceased was conducted by Dr. 1), who specifically R.P. Jindal (PW-1), who specifically chief that there was no external mark of injury stated in his examination-in-chief that there was no external mark of injury chief that there was no external mark of injury stated in his examination on the body of the deceased. Had the deceased been subjected to physical on the body of the deceased. Had the deceased been subjected to physical on the body of the deceased. Had the deceased been subjected to physical on the body of the deceased. Had the deceased been subjected to physical CRA-S-1752 1752-SB-2004 (O&M) ury marks cruelty or beatings, as alleged by the prosecution, some visible injury marks cruelty or beatings, as alleged by the prosecution, some visible inj cruelty or beatings, as alleged by the prosecution, some visible inj would ordinarily have been found on her body. The absence of any such would ordinarily have been found on her body. The absence of any such would ordinarily have been found on her body. The absence of any such would ordinarily have been found on her body. The absence of any such injury materially weakens the prosecution version regarding physical cruelty. injury materially weakens the prosecution version regarding physical cruelty. injury materially weakens the prosecution version regarding physical cruelty. injury materially weakens the prosecution version regarding physical cruelty.

21. 2 Another aspect which assumes significance is that PW-2 Another aspect which assumes significance is that admitted that when Gurmeet Kaur Manjeet Singh during cross-examination admitted that when Gurmeet Kaur admitted that when Gurmeet Kaur Manjeet Singh tal home as Singla was expecting a child, she was not brought to her parental home as Singla was expecting a child, she was not brought to her paren was expecting a child, she was not brought to her paren Nursing Home, was considered to be a reputed hospital Nursing Home, which was at was considered to be a reputed hospital which was at customary practice . He further admitted that although there exists a customary practice . He further admitted that although there exists a Sangrur. He further admitted that although there exists a whereby the first delivery of a woman ordinarily takes place at her parental whereby the first delivery of a woman ordinarily takes place at her parental whereby the first delivery of a woman ordinarily takes place at her parental whereby the first delivery of a woman ordinarily takes place at her parental neither did he request the accused to send Gurmeet Kaur to her home, but neither did he request the accused to send Gurmeet Kaur to her neither did he request the accused to send Gurmeet Kaur to her neither did he request the accused to send Gurmeet Kaur to her any intention to send her parental house, nor did the accused ever expressed any intention to send her parental house, nor did the accused ever express parental house, nor did the accused ever express is also an admitted position that the deceased continued to reside at there. It is also an admitted position that the deceased continued to reside at is also an admitted position that the deceased continued to reside at is also an admitted position that the deceased continued to reside at of her delivery. The defence has strongly her matrimonial home at the time of her delivery. The defence has strongly of her delivery. The defence has strongly her matrimonial home contended that this circumstance demonstrates that the deceased was being contended that this circumstance demonstrates that the deceased was being contended that this circumstance demonstrates that the deceased was being contended that this circumstance demonstrates that the deceased was being otherwise, in the ordinary course of properly looked after by her in-laws; otherwise, in the ordinary course of otherwise, in the ordinary course of properly looked after by her in human conduct and prevailing custom, she would have been taken to her human conduct and prevailing custom, she would have been taken to her human conduct and prevailing custom, she would have been taken to her human conduct and prevailing custom, she would have been taken to her 2, therefore, to some extent parental home for delivery. The testimony of PW-2, therefore, to some extent parental home for delivery. The testimony of PW parental home for delivery. The testimony of PW d supports the inference that the deceased was receiving adequate care and supports the inference that the deceased was receiving adequate care an supports the inference that the deceased was receiving adequate care an attention at her matrimonial home. attention at her matrimonial home.

22. It is an admitted position on record that the deceased had It is an admitted position on record that the deceased had It is an admitted position on record that the deceased had delivered a female child about 22 days prior to the occurrence. The defence delivered a female child about 22 days prior to the occurrence. The defence delivered a female child about 22 days prior to the occurrence. The defence delivered a female child about 22 days prior to the occurrence. The defence partum has taken the plea that the deceased was suffering from post-partum has taken the plea that the deceased was suffering from post has taken the plea that the deceased was suffering from post and remained under mental stress after the birth of the child, depression and remained under mental stress after the birth of the child, and remained under mental stress after the birth of the child, and remained under mental stress after the birth of the child, particularly as there were already six daughters in the in particularly as there were already laws family of the six daughters in the in-laws family of the 2 Inder . In support of the said plea, the defence examined DW-2 Inder . In support of the said plea, the defence examined DW deceased. In support of the said plea, the defence examined DW Singh, who stated in his examination-in-chie Singh, who stated in his examination f that after the birth of the chief that after the birth of the CRA-S-1752 1752-SB-2004 (O&M) female child, Gurmeet Kaur used to remain under depression. Though the female child, Gurmeet Kaur used to remain under depression. Though the female child, Gurmeet Kaur used to remain under depression. Though the female child, Gurmeet Kaur used to remain under depression. Though the examination by the prosecution, said witness was subjected to lengthy cross-examination by the prosecution, examination by the prosecution, said witness was subjected to lengthy cross no suggestion was put to him disputing the fact that the deceased was no suggestion was put to him disputing the fact that the deceased was no suggestion was put to him disputing the fact that the deceased was no suggestion was put to him disputing the fact that the deceased was suffering from depression after childbirth. The Division Bench of Hon’ble from depression after childbirth. The Division Bench of Hon’ble The Division Bench of Hon’ble State of Karnataka v. Prakash, Law Finder Doc Karnataka High Court in State of Karnataka v. Prakash, Law Finder Doc State of Karnataka v. Prakash, Law Finder Doc Karnataka High Court in Id # 2147274, decision dated 13.12.2022; after taking into consideration Id # 2147274 after taking into consideration the fact of post partum depression apart from others could be a possible cause of fact of post partum depression apart from others could be a possible cause of fact of post partum depression apart from others could be a possible cause of fact of post partum depression apart from others could be a possible cause of suicide of the deceased and upheld the acquittal of the accused therein. The suicide of the deceased and upheld the acquittal of the accused therein. The suicide of the deceased and upheld the acquittal of the accused therein. The suicide of the deceased and upheld the acquittal of the accused therein. The relevant paragraph is reproduced below: relevant paragraph is reproduced below: from the time 24. In the case on hand, within a short period of time from the time “24. In the case on hand, within a short period of time 24. In the case on hand, within a short period of time of marriage, she had given birth to a female child and she started to of marriage, she had given birth to a female child and she started to of marriage, she had given birth to a female child and she started to of marriage, she had given birth to a female child and she started to live in the village which was smaller than the village in which she live in the village which was smaller than the village in which she live in the village which was smaller than the village in which she live in the village which was smaller than the village in which she was brought up. Further, it is also available on record that the was brought up. Further, it is also available on record that the was brought up. Further, it is also available on record that the was brought up. Further, it is also available on record that the ning their livelihood by accused as well as PWs 1 and 3 were earning their livelihood by accused as well as PWs 1 and 3 were ear accused as well as PWs 1 and 3 were ear examination of the prosecution witnesses coolie work. The cross-examination of the prosecution witnesses examination of the prosecution witnesses coolie work. The cross also disclose that deceased was not sent for the coolie work and it also disclose that deceased was not sent for the coolie work and it also disclose that deceased was not sent for the coolie work and it also disclose that deceased was not sent for the coolie work and it was only accused Nos. 1 to 3 who are going for coolie work. If that was only accused Nos. 1 to 3 who are going for coolie work. If that was only accused Nos. 1 to 3 who are going for coolie work. If that was only accused Nos. 1 to 3 who are going for coolie work. If that nt appears to be figment of is so, the question of harassment appears to be figment of is so, the question of harassme is so, the question of harassme imagination but nothing else. Evidently, such harassment is not imagination but nothing else. Evidently, such harassment is not imagination but nothing else. Evidently, such harassment is not imagination but nothing else. Evidently, such harassment is not disclosed to a close relative who was instrumental in the marriage disclosed to a close relative who was instrumental in the marriage disclosed to a close relative who was instrumental in the marriage disclosed to a close relative who was instrumental in the marriage 12 who was of the accused and the deceased. The hostility of PW- 12 who was of the accused and the deceased. The hostility of PW of the accused and the deceased. The hostility of PW riage raises a serious doubt about instrumental in settling the marriage raises a serious doubt about riage raises a serious doubt about instrumental in settling the mar the contention of the prosecution and also the evidence of PWs 1,3 the contention of the prosecution and also the evidence of PWs 1,3 the contention of the prosecution and also the evidence of PWs 1,3 the contention of the prosecution and also the evidence of PWs 1,3 and 4. The possibility of a post partum depression and and 4. The possibility of a post partum depression and and 4. The possibility of a post partum depression and and 4. The possibility of a post partum depression and complications cannot be ruled out in the fact circumstances of the complications cannot be ruled out in the fact circumstances of the complications cannot be ruled out in the fact circumstances of the complications cannot be ruled out in the fact circumstances of the case.” case.” CRA-S-1752 1752-SB-2004 (O&M)

23. version by itself may not be sufficient to Though the defence version by itself may not be sufficient to version by itself may not be sufficient to discard the prosecution case in toto, yet in the present matter, the prosecution discard the prosecution case in toto, yet in the present matter, the prosecution discard the prosecution case in toto, yet in the present matter, the prosecution discard the prosecution case in toto, yet in the present matter, the prosecution has failed to produce any convincing and reliable evidence to establish that has failed to produce any convincing and reliable evidence to establish that has failed to produce any convincing and reliable evidence to establish that has failed to produce any convincing and reliable evidence to establish that connection with the deceased was subjected to cruelty or harassment in connection with the deceased was subjected to cruelty or harassment in the deceased was subjected to cruelty or harassment in demand for dowry soon before her death. demand for dowry soon before her death.

24. In the present case, the conduct of the complainant party also In the present case, the conduct of the complainant party also In the present case, the conduct of the complainant party also creates doubt regarding the prosecution version. The evidence on record creates doubt regarding the prosecution version. The evidence on record creates doubt regarding the prosecution version. The evidence on record creates doubt regarding the prosecution version. The evidence on record ever made to shows that despite the alleged harassment, no complaint was ever made to shows that despite the alleged harassment, no complaint was shows that despite the alleged harassment, no complaint was legal proceedings any Panchayat, respectable persons of the village or any legal proceedings any Panchayat, respectable persons of the village or any any Panchayat, respectable persons of the village or any were initiated by the complainant party. Both PW were initiated by the complainant party 2 Manjeet Singh, brother . Both PW-2 Manjeet Singh, brother 3 Jeet Kaur, mother of the deceased, have admitted of the deceased, and PW-3 Jeet Kaur, mother of the deceased, have admitted 3 Jeet Kaur, mother of the deceased, have admitted of the deceased, and PW that neither any neither any Panchayat was ever convened , nor respectable persons of the anchayat was ever convened, nor respectable persons of the Village were met to complain about the alleged harassment on account of Village were met to complain about the alleged harassment on account of Village were met to complain about the alleged harassment on account of Village were met to complain about the alleged harassment on account of There is also no reliable evidence to show that the complainant party dowry. There is also no reliable evidence to show that the complainant party There is also no reliable evidence to show that the complainant party There is also no reliable evidence to show that the complainant party marriage regarding had ever approached the alleged mediators of the marriage regarding had ever approached the alleged mediators of the had ever approached the alleged mediators of the harassment of the deceased on account of dowry demands. harassment of the deceased on account of dowry demands. harassment of the deceased on account of dowry demands.

25. B of the Evidence Insofar as the presumption under Section 113-B of the Evidence Insofar as the presumption under Section 113 Act is concerned, the same arises only when the prosecution first establishes Act is concerned, the same arises only when the prosecution first establishes Act is concerned, the same arises only when the prosecution first establishes Act is concerned, the same arises only when the prosecution first establishes the foundational facts, particularly cruelty or harassment for dowry soon the foundational facts, particularly cruelty or harassment for dowry the foundational facts, particularly cruelty or harassment for dowry the prosecution remain general, before death. The allegations levelled by the prosecution remain general, the prosecution remain general, before death vague and unsupported by any independent evidence. Most importantly, the vague and unsupported by any independent evidence. Most importantly, the vague and unsupported by any independent evidence. Most importantly, the vague and unsupported by any independent evidence. Most importantly, the prosecution has failed to prove that any such cruelty or harassment was prosecution has failed to prove that any such cruelty or harassment was prosecution has failed to prove that any such cruelty or harassment was prosecution has failed to prove that any such cruelty or harassment was sine qua non meted out to the deceased “soon before her death”, which is a sine qua non meted out to the deceased “soon before her death”, which is a meted out to the deceased “soon before her death”, which is a Consequently, the attracting the provisions of Section 304-B IPC. Consequently, the attracting the provisions of Section 304 for attracting the provisions of Section 304 statutory presumption does not arise. Reliance in this regard is placed upon statutory presumption does not arise. Reliance in this regard is placed upon statutory presumption does not arise. Reliance in this regard is placed upon statutory presumption does not arise. Reliance in this regard is placed upon Baijnath v. State of Madhya decision of Hon’ble Supreme Court in Baijnath v. State of Madhya Baijnath v. State of Madhya decision of Hon’ble Supreme Court in CRA-S-1752 1752-SB-2004 (O&M)