RAJESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Appellant, aggrieved by his conviction Under Section 304-B of the Indian Penal Code ("Indian Penal Code" for short) and sentence of rigorous imprisonment for ten years and fine of Rs. 3,000/-, in default, to suffer further rigorous imprisonment for six months, is before us with the leave of the Court. According to the prosecution, the marriage between the Appellant-Rajesh Kumar and Manju @ Renu (hereinafter referred to as the deceased) took place on 9.7.1988. It is alleged that at the time of marriage the parents of the deceased gave sufficient dowry but her husband and in-laws were not satisfied with that. It is further alleged that on 5.1.1992, the deceased and the Appellant herein visited the house of PW-5 Hari Om, who happens to be the brother of the deceased, and demanded a sum of Rs. 50,000.00. According to the prosecution, the Appellant asked the said payment to be made forthwith but the father of the deceased, Kishan Chand, regretted his inability to meet the demand inter alia saying that he had given sufficient dowry at the time of the marriage. Thereupon, the Appellant took the deceased forcibly to his house on 6.1.1992. On the same day, Manju sustained burn injury and, ultimately, succumbed to the said injury on 10.1.1992. The trial Court on appreciation of the evidence adduced before it came to the conclusion that all the ingredients satisfying the requirement for an offence Under Section 304-B of the Indian Penal Code are proved and accordingly convicted and sentenced the Appellant, as above. The High Court reappraised the evidence and affirmed the order of the conviction and sentence.

(2.) There is an overwhelming evidence in the case that the marriage between the Appellant and the deceased had taken place on 9.7.1988 and the death had taken place on 10.1.1992 i.e. within seven years of the marriage and the death had occurred on account of the burn injury..

(3.) While assailing the conviction, Mr. D.P. Singh, learned Counsel appearing on behalf of the Appellant, submits that there is no evidence that the deceased was subjected to harassment or cruelty in connection with the demand of dowry soon before the death and, therefore, the Appellant's conviction Under Section 304-B of the Indian Penal Code cannot be sustained.