Up held conviction under Section 304B IPC for dowry death against appellant Mansa Singh, affirming that unnatural death occurred within seven years of marriage in connection with dowry demands. The court reduced sentence from ten years to seven years.
Conviction affirmed; sentence reduced from ten years to seven years rigorous imprisonment;
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THEHIGH CO OF PUNJAB AND HARYANA AT CHANDIGARH
CriminalAppealN0392SB of2010 Dateofdecision 24 3201 1
MansaSingh
Appellant
versus
Stateof Punjab
r 1
CORAM
e HONBLE MRJUSTICE KCPURI
Present1 M rr ARaiJSVirk Advocate for the AAG Punjab
KCPURI J
Mansa has directedthepresentappealagainst the and order dated 30102009 passedby Shri TRBansal AdditionalSessionsJudge6Adhoc9Patialavide which the has
been convicted under Section 30443 ofthe Indian Penal Code l shon JOYTI RANI 2016.03.28 16:19 the IPC I I and sentencedtoto rigorous for ten yearsand I attest to the accuracy and integrity of this document
RASHMI the IPC I I and sentencedtoto 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh to paya flne of Rs0001
and in defaultof paymentof Sne to further
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rigorous for six monthswhereasacquiuedall the accusedofthe chargeslevelledagainstthem
The storyin brief is that the presentcase was on thestatement ofKamail Singh madeto Singhallegingthathehasgottwosonsandthree He ofhis JaspalKaur withMansa Singhaccused on 2502007 as per his capacityand the Mandir Committeehad also and gave dowryto his Few daysaer the maniage her husbandMansa Singhher motherin law Kulwant Kaur her fmher1t1 law Amar SinghRupinderSinghc Laddi younger brother of her her sisterin law PritpalKaur and GurcharanSinghhusbandof Kaur started and and beatingher and her to bringmore andmore dowryThesepersonswere goldbraceletfor Mansa Singhgoldringforher fatherinlaw Slster itl law husbandof sisterin law and goldearringsfor motherin law His had told him about this He ComradeHarbans SinghEx panchCharan Singhand RaghbirSinghwent tovillDandrala Dhindsaand metthe accusedpersons but ofno use He tried to convince themabouthis inabilityfor meetingout theirdemands He 61rtherdeposed thatagainthatdayhe receiveda call om her daughterthatshe has been againmaltreatedand coerced to bringdowry Then he again
BanarsiDass ComradeHarbans Singhand RaghbirSinghwent to Vill Dandrala Dhindsa On reachingtheretheyfound that her JOYTI RANI 2016.03.28 16:19 RASHMI2014.11.27 13: 54JaspalKaurwas lyingincourt yardand frothwas comingout ofhermouth I attest to the accuracy andintegrity of this document Scanned True Copy of Original PHHC,Chandigarh and shewas crying She told that her husband her motherin law her father
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in lawher sisterinlaw herDevar brotherofher andher sister in law PritpalKaur and her husband Gurcharan Singhhad administeredher poisonas shecould not 811611theirillegaldemandofmore dowryandshe for takingherto hospitalinno time Then they took herto Pal NursingHone Nabhawhere doctordeclaredher brought dead Doctorgave her writingandhe thesame His has been killed by herln laws for not bringingmore dowry Singhthen madehis endorsementExPW121A onhisstatement Then cenced Singhthen reached PalNursingHomeNabhawherethedeadbodyofJaspalKaurwas lyingand he inquestreportHethen recordedthe statements of SinghandGunneet Singh were taken
Atlerthe ofnecessary the accused
were
in thecourt ofIlaqa Nabha
On appearanceoftheaccused the copiesof the documents
relied
upon bythe were lmished to theaccused Thenthecase was committed to the Court of Sessionby the iIlaqua Nabha vide commitmentorderdated underSection304B IPC was framedagainstthe accused The accusedpleadednot guiltyand claimedtrial
In orderto prove itscase the examinedPW1 Ram
Dial PW2 HC SarabjitSinghPW 3 SanjivKumar PW 3 ASI Baljinder
Kumar doublymarked PW 5 Dr
RupaPW6Dr Rajwant JOYTI RANI 2016.03.28 16:198 BhupinderSinghSinghSidhu I attest to the accuracy and integrity of this document
RASHMI SinghPW7PanditBudhParkash Shastri PW8 BhupinderSinghSinghSidhu 2014.11.27 13: 54 Scanned True Copy of Original PHHC,ChandigarhdraftsmanPW 9 Kamail SinghPW10 HarbansSinghPW 11 Raghbir
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SinghPW12 SinghPW13 GurpalSinghSI PW14 HC ManmohanSinghPW 15 C Samim Ahmed and PW 16 Sant Ram besides into evidencereportofthe ChemicalExamined
In their statements under Section 313 Cr PC the accused have denied the of the and have pleadedtheir innocence Theytookthe pleaasunderl
PIea ofMansa Sinehaccused
I am innocent AmatjitSinghismyfather and heisnot known with thename ofAmar SinghSimilarlyHarbansKaur is my motherand she is not known in thename of Kulwant Kaur
My with JaspalKaur hadtakeninmass at Basanti Mata Mandi Bhadson The parentsof mywife Jaspal Kaurare poor personsand did nota to marryJaspalKaur andfor thatreason theyoptedto performher ln mass marnage I andmy parentsnever made any demandof dowry from JaspalKaur andwe never maltreatedher Mywife insistedseparateresidenceandwe startedlivingseparate8om my parentsafterabout one monthfrom the She franklytold methat shehadbeenmarried againsther wishesby her parentswithme Ihad been mywifethat she should forgetthe past and should live in the
matrimonialhome On the fate811day I had gone out ln JOYTI RANI 2016.03.28 16:19 connectlon with my work there I leamt that my wife had I attest to the accuracy and integrity of this document consumedsome substancein my absence By that
RASHMI 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh
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time I reachedthe house my wife had alreadyexpiredI then my in lawsaboutthedeathofmywife whocame and took away the deadbodyof my wife sayingthatthey will herat theirplaceMy wife committedsuicideasa resultoffrustrationduetoher being byher parents herwishes In ordertosave dignityom the relativesand friendsmy parentsin law in connivancewith theirotherrelativeshave falsely me my parentsand marriedsisterwhoare alsoinnocentin thecase Inever made anydemandofdowryfrom mywifeorher parentsand never maltreatedher
The other accusedalso deniedthe of Sincetheyhave been bytrial Court and suchdetails oftheir plea uls 313 CrPC need not be givenThe accusedwere called uponto lead their defenceevidence
The accusedexaminedTej Kaur DW1 c DW 2 HC Jagat
Thelearned Additional SessionsJudge ldhoc9 Patialaafter
the learnedcounselfor the partiesconvictedand sentencedthe Singhwhereas all the accused of the chargeslevelled againstthem vide and order dated 3002009 as aforesaid
Feelingdissatisfiedwiththe aforesaid
and order the JOYTI RANI 2016.03.28 16:19
I attest to the accuracy and integrity of this document
RASHMI2014.11.27 13: 54 has Scanned True Copy of Original PHHC,Chandigarh
has the presentappeal
I have heard learned counsel for the
and leamed
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AssistantAdvocateGeneralfor the Stateof Punjabandhavealsocare8llly
thecase flle
Learned counsel for the hassubmittedthat to prove
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the of offencethe is to prove the the
following
So
faras thelast demandof dowryarticle 1S concernedie not provedat all The betweenthepanieswas solemnizedin a lvlass Marriage bythe MandirCommitteeNo dowryarticlewas givenatthe time of rather someof thearticles were providedby the Mandir Committee The is workingas a labourer It cannot be believedthat a labourerwould demand the dowryarticle Prosecutionhas failedto bringon file any specitlc demandof dowryarticles The other coeaccusedwho were similarly situatedhavebeenacquittedbythe trial Court The allegationagainstthe accusedwho have been are thesame andprayer hasbeenmadefor
acquittal
LearnedState counsel has supportedthe ofthetrial JOYTI RANI 2016.03.28 16:19 RASHMI Court and has contendedthat all the above saidthree are made I attest to the accuracy and 2014.11.27 13: 54 integrity of this document Scanned True Copy of Original PHHC,Chandigarh
out againstthe The deathhastakenplacewithin four monthsof
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themaniageof deceasedwith the JaspalKaur died inthehouse of accuseddue to poisoningwhich isan unnaturaldeath Therewas demandof goldbraceletby the The otheraccusedhavebeen as thecase againstthemwas not provedSo prayerhasbeenmade for dismissalofthe appeal
I have givenmy considerationto the rival submissionsmadebyboththe sidesand have gone throughtherecordsof thecase
Learned counsel for the has not addressedany
in respectof first two ofoffenceunderSection 304B IPC ie UnnaturaldeathhastakenpIacewithinseven years ofthe mamage of JaspalKaur with Mansa Singh So that ofoffence standsestablishedbeyondreasonabledoubt Marriagebetweenthe parties hastakenplaceon 2532007 and deathhastakenplaceon 20320071eee Within four monthsof the Unnaturaldeathis also provedbythe medicalevidence
So far as the submissionmade by leamed counsel for the appellantthatno dowryarticiewas givensince the maniagewas solemnized byMandirCommittee isconcemed inthis contextthe testimonyofthe witnessesis relevant Father of the deceased Kamail Singh has
statedthat at thetime of he has givendowryarticles as detailedin his statementas per his capacityHe has also statedthat after one month of the marriagethe started more JOYTI RANI dowryMansa Singhstarted goldbraceletHarbans SinghWe 2016.03.28 16:19I attest to the accuracy and integrity of this document
RASHMI dowryMansa Singhstarted goldbraceletHarbans 2014.11.27 13: 54 Scanned True Copy of Original PHHC,Chandigarh101and RaghbirSinghPW119have alsolendsupporttothe
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for demandofdowryarticlesat thehandsofthe Mere fact that is a labourerdoesnot raisethe that he cannot deman d owryarticles The could not explainwhyayoung woman hadturned intocorpus withina periodoffourmonthsSothe addressedbythe leamedcounselfor the to the eHect that has failed to prove the ofoffenceismeritless The has been able to prove all the ofoffenceunder Section 304B IPC beyondreasonabledoubt So in thesecircumstances theconvictionrecordedbythetrial Courtstandsaffimed
Leamed counselfor the has submittedthatso far ofsentence isconcemedthe trialcourthasawarded of tenyearsTheaccused is agedabout23 yearsandis the solebreadeamer of the family Learned counselfor the hasfurthersubmittedthat the is sufferingfrom trial since2007 The sentence of tenyearsawarded bythetrialCourt ison higherside Normallythe sentence awardedin the commissionof offenceunderSection304B IPC shouldbeseven years and to forti67his argumentshe has relied upon authoritiesKewal Krishan versus State of Puniab 2005 Ol AIJPH 1618914and Jai Bhaowan versus State of Harvana 2005 I AIJP 16252140
I have carelly consideredthe said submission
The is sufferingfrom mentalagony for thelast about
4 years He is not thepreviousconvictnor isan accusedin anotherpending JOYTI RANI 2016.03.28 16:19 RASHMI I attest to the accuracy and
2014.11.27 13: 54Scanned True Copy of Originalcase Keepingin vlew authoritiesKewal Krishans case lsupral and integrity of this document PHHC,Chandigarh
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Jai Bhaewanscase lsupralthesentence ofthe standsreduced toseven years theminimum under Section304B of the IPC insteadof ten years awardedby the trialCourt
With the modiflcationlIl thesentence the appealstands
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JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document
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2 issues framed by the court
Whether the prosecution proved the ingredients of dowry death under Section 304B IPC beyond reasonable doubt.
Whether the ten-year sentence awarded by the trial court was excessive and required modification.
Mansa Singh
State of Punjab
K CpurI J
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
