NEPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court convicting the appellant for offences punishable under Sections 304-B, 498-A of the Indian Penal Code, 1860 (in short the 'IPC'). He was sentenced to undergo rigorous imprisonment for seven years and to pay a fine with default 1 stipulation for the first offence. But no separate sentence was awarded in respect of the later offence. The appellant faced trial before learned Sessions Judge, Narnaul, and was acquitted by learned Sessions Judge giving him the benefit of doubt. The State Government preferred an appeal which was allowed by the High Court.

(2.) Prosecution version in a nutshell is as follows: The marriage of Manju (hereinafter referred to as the 'deceased') was solemnised with appellant-Nepal Singh on 26.1.1989. Though Yudhishter Singh (PW5) the father of the deceased had spent sufficient money for the marriage, accused Nepal Singh was not satisfied with the dowry. He demanded a gas connection which deceased conveyed to her mother Lajwant (PW6) on which her father (PW5) got the gas connection and gave it to Manju. On 16.5.1991, deceased had come to Bapora (village of her father) to attend the marriage of the daughter of Shyam Pal Singh (brother of her father). Deceased told her father (PW5) and mother (PW6) that accused had completed his course and wanted her to bring Rs. One lakh from them and that if she failed to do so, accused would turn her out of the house. Yudhishter Singh (PW5) told her that he would arrange for the money. On 23.5.1991 deceased left for Kanti (village of her in-laws) accompanied by Sunil Kumar (PW7), her brother. While going, deceased told her father to arrange for the money otherwise her in laws would not allow her to live. Since Yudhishter Singh (PW5) could not arrange money, Manju had committed suicide by consuming some poisonous substance. On receiving information on 26.5.1991, Yudhishter Singh (PW5) along with Sarpanch- Mitter Pal and Head Constable Rohtas Singh (PW3) met SI-Ramji Lal (PW8) at the bus stand of Ateli and Yudhishter Singh (PW5) made the above said statement which formed the basis for registering the formal FIR. Investigation was undertaken. After investigation was completed, charge sheet was filed. Since the accused pleaded innocence, trial was held. The prosecution primarily relied upon the evidence of Yudhishter Singh (PW5) father of the deceased and Lajwant (PW6) mother of the deceased and Sunil Kumar (PW7) brother of the deceased. The trial court found that this was a case of suicide and little physical contact between the accused and the deceased was the primary reason. It was noted that the accused was pursuing studies till 13th May, 1991, and thereafter he returned home. Finding the prosecution version to be suspect, the trial court directed acquittal. As noted above State preferred an appeal. It was the primary stand that something must have happened otherwise the victim would not have committed suicide and the fact that the accused and the deceased could not have any sexual relationship was an additional ground for suicide. The High Court found that the evidence of Sunil Kumar (PW7) the brother of the deceased conclusively established the accusations and accordingly set aside the order of acquittal and recorded conviction.

(3.) In support of the appeal, learned counsel for the appellant submitted that the High Court has not even discussed the conclusions of the trial court in the proper perspective and even no reason was indicated as to why the High Court differed with the view of the trial court. The allegation of dowry demand was not stated during investigation and lot of improvements were made in court for the first time. It is in essence submitted that considering the limited scope for interference with the judgment of acquittal, the High Court should not have interfered with the judgment of the trial court.