BALDEV KRISHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Smt. Pratibha (since deceased) was the daughter of Kamal Goyal (PW2) a resident of Sangrur. She was married to Ravi Kumar (A-3)on February 19, 1981. It was an arranged marriage. Kamal Goyal comes from a middle class family and is in service with limited source of income. At the proposal stage Kamal Goyal alleged to have made it clear that having regard to his means the marriage would be simple one. He claimed to have spent on marriage, of Pratibha an amount of Rs. 70,000/- .Ravi Kumar (A-3) and Narinder Kumar (A-4) who has been acquitted are the sons of Baldev Kishan(A.1). Sarla Devi (A-2) is the wife of A-1. They are the residents of Jallundur city, owning a ground floor and one storey house. On the ground floor they run business in electric goods under the name of B.K. Electrical industry; whereas the first floor is used for their residence. It is a joint Hindu family. Baldev Krishan being a businessman was then having comparatively a better financial position.

(2.) Smt. Pratibha after her marriage came to Jullundur and resided with her husband and in-laws. In the last week of February, 1981, Kamal Goyal came to Jullundur and took away Smt. Pratibha to Sangrur. Pratibha told her father that her in-laws were of a very greedy nature and were criticising her on dowry issue. On the following day on reaching Sangrur A-3 sent a telephonic message to Kamal Goyal that his mother was taken ill and Pratibha would return within a short period. Accordingly, she was brought back to Jullundur after about two or three months. Pratibha again came to Sangrur and told her father that all the accused persons were taunting her for having brought nothing in dowry and that the clothes brought by her in dowry were mere rags and even other articles were not given worth to their use. It is alleged that Pratibha used to explain to her in-laws that her father came from an ordinary family and whatever he could give in dowry had been given and there was no point in criticising her parents. It is common premise that Rekha Rani (PW1) who happened to be her aunt was residing at Jullundur and as and when Pratibha met her she used to convey as to how she was ill-treated by the accused. Upon hearing the distressing remarks made by the accused, the father used to advise Pratibha not to take the remarks of her in-laws seriously and things would be settled down after passage of time. Pratibha used to tell her parents that her husband (A-3) and mother-in-law (A-2) used to tease her on her squint. It may be stated that Pratibha was blessed with a son on December 24, 1981, at her parents house and this event was celebrated by her father by inviting members of her in-laws family and spent about Rs. 7,000/- on customary gifts (Shushak). It is then alleged by the prosecution that on June 2, 1981 which was a Nirjala Ekadasi day, Smt. Rekha Rani (PW1) and her husband Vijay Kumar (PW5) went to the house of the accused for giving her presents. Rekha Rani wished Pratibha but, however, she was found to be depressed. At that time A-2 told Rekha Rani that she should have searched a boy having a squint as a better match for Pratibha having a status commensurate with a girl. A-2 also taunted saying that they accepted the proposal as Kamal Goyal was a gentleman but he had given rags in dowry. A-2 also alleged to have remarked that Kamal Goyal was a scoundrel and would learn a lesson when he would marry his other children. He must find out only scoundrels. Rekha Rani thereafter came to an adjoining court-yard where A-3 was sitting with a view to have to talk to him and convey the remarks made by A-2. Sarla Devi (A-2) thereafter followed her whereupon A-3 told his mother to keep quiet and should not talk nonsense. A-2 thereupon stated that she would set right Pratibha as God had given her a lot of money. A-2 also then passed remarks saying that some other proposals had come for A-3 offering dowry of two lakhs. After hearing these remarks of A-2 Rekha Rani returned to her room.

(3.) It is then alleged by the prosecution that on June 5, 1982 Kamal Goyal came to Jullundur for taking Smt. Pratibha to Amritsar where mother-in-law was ailing. He also intimated to A-1 that he would be taking Smt. Pratibha on June 6, 1992, to Sangrur as the marriage of his brother (Kamal Goyals brother) was to take place on June 20, 1982 (sic) at Delhi. Accordingly on 5th June, 1992 Kamal Goyal came to the house of accused whereupon A-1 and A3 told him that Pratibha would accompany him. Kamal Goyal then went to the house of Rekha Rani who told him that Pratibha was not happy as the members of her in-laws family were taunting her on various grounds including a squint in the eye. At about 3.00 p.m. Kamal Goyal went to the house of A-1 and he was told by A-1 and A-3 that Pratibha would not accompany him. Kamal Goyal wanted to sort out the differences and, therefore, he along, with A-1 and A-3 went to the drawing room on upstairs. A-2 and Pratibha also came there and it was found that the latter was very much disturbed. Pratibha told her father that all the accused were ill-treating her and calling her and him as bastards. Kamal Goyal according to the prosecution told the accused that he belonged to a cultured family and requested not to abuse. Sarla (A-2) then told him that because of this matrimonial relation and of meagre gifts of a poor quality their status in the society was lowered down. It is alleged by the prosecution that A-2 complained to Kamal Goyal that Pratibha had no desire to work in the house and was a burden to the family. Accused person then told Kamal Goyal that Pratibha would not accompany him.