KRISHNA LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) On the recommendation of a Division Bench of this Court, the Hon'ble Chief Justice has referred the controversy regarding the constitutional validity of S. 304B of the Indian Penal Code (hereinafter referred to as 'the Code') and Ss. 113A and 113B of the Indian Evidence Act to be thrashed on the anvil of Arts. 14, 20 and 21 of the Constitution. However, the Division Bench has not formulated any specific question in the order of reference.

(2.) As the controversy is purely a legal one, only a brief brush with the facts of the case is called for.

(3.) In the First Information Report, based on the statement of Smt. Poonam deceased, it is averred that she was daughter of Mehar Chand, resident of Tilak Nagar, Delhi and was married on 27/06/1995 with Anil Kumar son of Krishan Kumar, resident of Faridabad. On the occasion of marriage, her parents had given dowry according to their status. Her father died about 6 or 7 months after the marriage and her younger brother Girish Kumar had already died due to electric shock. Her elder sister Surinder Nagpal is married at Faridabad. After her marriage she was blessed with a daughter who was about 4 years old on the date of the occurrence. At that time, she was also carrying pregnancy of about 5/6 months. Soon after her marriage her mother-in-law Kamla Devi, father-in-law Krishan Kumar and elder brother-in-law Dinesh Kumar started maltreating and teasing her on account of having brought less dowry. She was also subjected to harassment by the said three persons. She was given beatings by her father-in-law Krishan Kumar and was being a forced to leave her matrimonial home and to take possession of the house of her parents located at Faridabad. She informed her sister Surinder Nagpal and the latter's husband at Faridabad of this episode. They persuaded the accused persons not to harass the deceased. Thereafter, they had also talks with her husband Anil Kumar who frankly expressed his helplessness to go against the wishes of his parents and elder brother. He further told them that if the deceased wanted to live in his house then she had to agree to the demands of his parents. The accused persons started demanding a scooter and the possession of her parent's house. On her failure to accede to their demand all the accused started harassing and beating her. Krishan Kumar accused even snatched the truck from her husband which was the only source of their livelihood. Once she brought Rs. 7,000.00 from her mother and give the amount to her in-laws. On the date of occurrence, after being harassed by her father-in-law, mother-in-law and her elder brother-in-law on the question of dowry, she put herself on fire after sprinkling kerosene oil and attempted to commit suicide. Meanwhile, her sister Surinder Nagpal also unfortunately arrived there and removed her to the hospital. Smt. Poonam deceased succumbed to the burn inuries in the hospital.