GURNAIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Leave granted.

(2.) Respect of a bride in her matrimonial home glorifies the solemnity and sanctity of marriage, reflects the sensitivity of a civilized society and, eventually, epitomizes her aspirations dreamt of in nuptial bliss. But, the manner in which sometimes the brides are treated in many a home by the husband, in-laws and the relatives creates a feeling of emotional numbness in the society. It is a matter of great shame and grave concern that brides are burnt or otherwise their life-sparks are extinguished by torture, both physical and mental, because of demand of dowry and insatiable greed and sometimes, sans demand of dowry, because of the cruelty and harassment meted out to the nascent brides treating them with total insensitivity destroying their desire to live and forcing them to commit suicide a brutal self-humiliation of "Life".

(3.) Amarjeet Kaur, a young incipient lady, slightly more than two scores, daughter of an agriculturist, entered into wedlock with the Appellant sometime in the early part of the year 1996. At the time of marriage, gifts were given as per the social customs. Sometime after the marriage, the matrimonial home, as the allegation of the prosecution unfurls, turned out to be an abode of indifference and harassment because of the demand of dowry of Rs. 50,000/- by the husband and his family from her parents which could not be met due to their financial condition. Shattering the dreams that were harboured in her heart, she was turned out of her husband's house on many an occasion and, she was asked to return only if she could bring an amount of Rs. 50,000/- from her parents. On 18.7.1998, Gurlab Singh, brother of the deceased, mustering courage and expecting that his sister would be treated with affection, took her to her matrimonial home and beseeched the husband and his mother to keep her as they were not in a position to give more dowry. Though she was allowed to remain in the matrimonial home, yet instead of show of affection even by affectation, she was showered with taunts and ridicules. On 27.7.1998, about 6.00 p.m., the anxious father, Sukhdev Singh, and the brother went to the house of the deceased to enquire about the well-being of the deceased and found her dead body kept in the courtyard of the house. They were convinced that she had committed suicide because of the cruelty meted out to her by the husband and his relatives and, accordingly, lodged an FIR at Joga Police Station. After the criminal law was set in motion, the Investigating Officer carried out the investigation and got the autopsy conducted on the dead body by a board of doctors consisting of three members. The doctors who conducted the post mortem on the dead-body sent the viscera for chemical examination and, eventually gave their opinion that the cause of death of the deceased was due to consumption of Organo Phosphorus, a group of insecticides, which was detected in the viscera and blood of the deceased. The investigating agency, after examining the witnesses and completing other formalities laid the charge-sheet before the competent court, and in due course, the Appellant along with two other accused persons, namely, Mohinder Kaur, mother of the husband, and Ajaib Singh, brother, were sent up for trial for the offence punishable Under Section 304B Indian Penal Code.