DALIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE appellants, mother and son, were tried under Section 304-B of Indian Penal Code but have since been held guilty under Section 306 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 2000/- and in default thereof, to further undergo rigorous imprisonment for a period of six months vide order of conviction and sentence dated 4.5.1992 passed by learned Additional Sessions Judge, Barnala. It is against this order of conviction and sentence that present appeal has been filed. Insofar as, appellant Dalip Kaur is concerned, she is stated to have died during the pendency of appeal. Appeal qua her, thus, abates.

(2.) MARRIAGE between appellant Megha Singh and Chhinder Kaur, deceased, was solemnised in 1982. The were blessed with two children, a male and a female. Chhinder Kaur is stated to have committed suicide on 31.7.1989. FIR with regard to the incident and involvement of the appellants was lodged by Pal Singh, PW-5, father of the deceased. During the course of trial, the prosecution, besides relying upon the testimony of Pal Singh, also relied upon the testimony of other witnesses, with regard to demand of dowry and Chhinder Kaur committing suicide and for that, it mainly relied upon the statements of Awtar Singh, PW-3, and Pargat Singh, PW-4. To some extent, the prosecution also relied upon the statement made by PW-7, namely, Dalbara Singh, who is stated to be maternal uncle of deceased. It is interesting to note that the only allegation made against the appellants was that they were demanding a buffalo or in lieu thereof, an amount of Rs. 5,000/- and this demand was made for the first time after three years of the marriage. It is admitted by all the witnesses in unison that there was no demand at the time of marriage and that the marriage was a simple affair, where no dowry was given nor any demand for the same was made.

(3.) THE Court finds considerable merit in the aforesaid contention of learned counsel for the appellants. PW-3 Awtar Singh, a Member Panchayat, belongs to the village of father of the deceased. He had deposed with regard to the incident of five years prior to when he made the statement in Court on 14.6.1991. The said incident had, however, nothing to do with the demand of dowry. After giving the incident pertaining to five years earlier, he stated that about six months thereafter, Chhinder Kaur again returned to village Naiwala and complained to them that Dalip Kaur and Megha Singh had been pestering her to bring either Rs. 5,000/- or a she-buffalo. If five years are subtracted from 14.6.1991, it would come to June, 1986 and if six months are added thereto, it would be at the most, January, 1987. Death of Chhinder Kaur by way of committing suicide, as mentioned above, had taken place on 31.7.1989. Insofar as, PW-4 Pargat Singh, Sarpanch, again from the village of the father of the deceased, is concerned, he stated that after three years of marriage, he was informed that the appellants were insisting upon Chhinder Kaur to bring Rs. 5,000/- or she-buffalo from her parents and that Chhinder Kaur returned to their village several times on account of cruel treatment meted out to her by the accused. He then stated that on 1.8.1989, Pal Singh had informed him about the death of Chhinder Kaur in her in-laws' house and that he accompanied by the village Panchayat and Pal Singh, reached Police Station, Bhadaur. This witness makes no mention whatsoever with regard to demand of buffalo or an amount of Rs. 5,000/- on any given particular time. In his cross-examination, he admitted that Pal Singh had informed him 2/3 years after the marriage that the accused were demanding more dowry and that he had not gone to the village of the accused before the present occurrence for reconciliation. He admitted that at the time of marriage of the parties, no dowry was given and it was a simple marriage. He also admitted that to his knowledge, there was no demand of dowry by the accused at that time. Insofar as, PW-7 Dalbara Singh, maternal uncle of the deceased, is concerned, he was declared hostile and cross-examined by the Public Prosecutor. He, however, stated in his examination-in-chief that a day before the occurrence he had gone to the house of the accused. Chhinder Kaur told him that the accused were quarrelling with her on the demand of a she-buffalo or Rs. 5,000/-. In his cross-examination, he, however, stated that he did not know as to how many years ago Chhinder Kaur was married to appellant Megha Singh. On the death of Chhinder Kaur when he went there, he found Mukand Singh, Sarpanch, Naib Singh, Panch, both the appellants as also Darbara Singh, father of appellant Megha Singh present and they all were weeping. He went away after leaving Chhinder Kaur in that condition.