SHER SINGH @ PARTAPA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Appeal has been filed against the Judgment dated 16.12.2010 passed by the learned Single Judge of the High Court of Punjab and Haryana dismissing the appeal and affirming the conviction and sentence passed against the Appellant by the Trial Court under Sections 304B and 498A of the Indian Penal Code. The marriage between the deceased, Harjinder Kaur and the accused-Appellant took place on 22.2.1997. The case of the prosecution is that two months prior to her death on one of her visits to her parental home, the deceased informed her two brothers of cruelty connected with dowry demands meted out to her by her husband and his family members. They, thereafter, conveyed this information to their uncle- Complainant, Angrej Singh viz. that the accused and his family have been harassing her with a demand for a motorcycle and a fridge. The Complainant advised her to return to her matrimonial house with the assurance that a motorcycle and a fridge would be arranged upon the marriage of her brothers. On 7.2.1998, one Rajwant Singh informed the Complainant that the deceased had committed suicide by consuming some poisonous substance at her matrimonial house in village Danoli. The Complainant, along with the brothers of the deceased and other members of the village, rushed to the matrimonial house of the deceased and after confirming her death, lodged an FIR on the next day i.e., on 8.2.1998.

(2.) In all, four accused persons, namely, Appellant/Sher Singh (husband), Devinder Singh (brother-in-law), Jarnail Singh (father-in-law), and Sukhvinder Kaur (mother-in-law) were tried by the learned Sessions Judge, Karnal under Sections 304B and 498A IPC. After considering the material on record the learned Sessions Judge had convicted all the accused and sentenced them to undergo rigorous imprisonment for seven years under Section 304B; and to undergo rigorous imprisonment for three years and to pay a fine of Rs.5,000/- and, in default of payment of such fine, to further undergo rigorous imprisonment for a period of six months under Section 498A.

(3.) Two separate appeals were filed before the High Court of Punjab and Haryana at Chandigarh, one by Devinder Singh (brother-in-law) along with Jarnail Singh (father-in-law) and another by the Appellant herein. The High Court allowed the appeal filed by Devinder Singh and Jarnail Singh and acquitted them with an observation that the prosecution has failed to prove any torture committed by them and, therefore, Sections 304B and 498A IPC were not attracted. Quite palpably, unlike the Trial Court, the High Court construed even Section 304B requires the prosecution to 'prove' beyond reasonable doubt in contradistinction to 'show' the participative role of the husband's relatives as a prelude to the deemed guilt kicking in. It was also observed by the High Court that in such cases there is a tendency of roping in all the family members disregarding the fact that they resided separately. However, the Appeal filed by the Appellant was dismissed holding that it was for the accused/Appellant to explain that the unnatural death of his wife Harjinder Kaur was not due to cruelty meted out to her in the matrimonial home and that he has failed in doing so.