The High Court acquitted the appellant of dowry death (304-B IPC) due to lack of proof of recent harassment. Instead, it convicted him for cruelty (498-A IPC) based on past incidents and reduced the sentence to time served.
Appellant acquitted of charge under Section 304-B IPC but convicted under Section 498-A IPC; sentence reduced to time served.
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.
CRA-S-411-SB-2001 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-411-SB-2001 (O&M)
Date of Decision: August 14, 2014
Gurnam Singh
…Appellant
Versus
State of Punjab
…Respondent
CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI
Present: Mr. S.S. Sidhu, Advocate for the appellant.
Mr. Shilesh Gupta, Addl. Advocate General, Punjab, for the respondent
NARESH KUMAR SANGHI, J. (Oral)
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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consuming Aluminum Phosphate. Before marriage, Gurmit Kaur was used to be called by the name of Kulwant Kaur. Gurnam Singh was an employee with the Punjab State Electricity Board. The appellant started maltreating Kulwant Kaur @ Gurmit Kaur for having brought inadequate dowry. Few demands of the appellant were fulfilled by Jagir Singh (PW4).
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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signatures at point Ex.PF/3 beneath his statement. SI Janak Raj (PW10) made his endorsement (Ex.PF/2) and sent the statement to the Police Station, Dhariwal, through Constable Saroop Singh for registration of the case, on the basis of which formal FIR (Ex.PF/1) was recorded by ASI Joginder Singh (not examined).
PW1 Dr.Rajbir Sharma, Medical Officer, Civil Hospital, Gurdaspur : He deposed that on 17.1.1996 at 4:00
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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p.m., Kulwant Kaur @ Gurmit Kaur (since deceased), aged about 26 years, was admitted in the Emergency Ward of the Civil Hospital, Gurdaspur, as a case of poisoning and she remained under his treatment up to 6:06 p.m. till she expired. Vide memo (Ex.PA), he informed the police regarding her admission. He also proved the bed head ticket (Ex.PB). Vide memo (Ex.PC), information was sent to the Police regarding the death of Kulwant Kaur @ Gurmit Kaur. The patient remained unfit to make her statement.
PW2 Dr. Rana Verma, Medical Officer, Civil Hospital, Gurdaspur : He deposed that on 18.1.1996, he had conducted postmortem on the dead-body of Kulwant Kaur @ Gurmit Kaur after getting it identified from Jaswinder Singh and Balwinder Singh. After autopsy, the dead body along with its belongings, wooden box containing viscera, an envelop containing carbon copy of postmortem report (Ex.PD), original police papers (24 in numbers), forwarding letters, sample of the seal used for sealing the box and the envelop etc., were handed over to the police. According to him, the probable time that elapsed between the death and the postmortem was between 24 hours. On 24.4.1996, on police request (Ex.PG) he gave his opinion (Exs.PG/1 and PG/2) to the effect that the probable time that elapsed between the injuries and the death was not
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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filled in the postmortem report as there was no injury on the dead-body. He further deposed that on receipt of the report of the Chemical Examiner (Ex.PH), he gave his report (Ex.PH/1) to the effect that the cause of death of Kulwant Kaur @ Gurmit Kaur was due to consumption of pesticide (Aluminum Phosphate).
PW3 Constable Sudhir Kumar : He deposed that on 17.1.1996, MHC Anil Kumar (PW7) had handed over to him the Special Report (Ex.PJ) to deliver the same to the learned Area Judicial Magistrate and the same was handed over at 2:10 a.m. (intervening night of 17-18 January, 1996).
PW4 Jagir Singh: He is the complainant of the case. He, inter alia, deposed that Kulwant Kaur @ Gurmit Kaur was his daughter and her marriage was solemnized with the appellant about six years prior to her death. After about six months of the marriage, the appellant started maltreating his daughter on the ground of brining less dowry articles in the marriage. The witness used to fulfill the desire of his daughter to the best possible extent. The appellant used to harass and beat Kulwant Kaur @ Gurmit Kaur and on several occasions she was sent at the house of the witness. About one year and six months prior to the death of Kulwant Kaur @ Gurmit Kaur, the witness had given a Steel Almirah, beddings and other articles at the
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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demand of the appellant, but still he was not satisfied and continued to demand the articles. Even a scooter was also demanded, but the said demand could not be fulfilled. However, a cash sum of `10,000/- was paid to the appellant and still he (appellant) was not satisfied. On 17.1.1996, Dalbir Kaur (PW5) informed the witness regarding consumption of poisonous substance by Kulwant Kaur @ Gurmit Kaur and regarding her admission at Dhillon Hospital at Dhariwal. After his arrival at the said hospital, he was informed by the Doctor Incharge of the said hospital that the patient might be taken to Civil Hospital, Gurdaspur, and as such, Kulwant Kaur @ Gurmit Kaur was got admitted at the Government Hospital, Gurdaspur. On the same day at about 7:00 p.m., Kulwant Kaur @ Gurmit Kaur expired in the same hospital. The witness suffered his statement (Ex.PF) to the police, which was read over to him and he signed the same in token of its correctness. The witness also deposed that during investigation, the bills (Mark ‘A’ and ‘B’) were handed over to the police vide memo (Ex. PK)
PW5 Dalbir Kaur : She deposed that she was the mediator in the marriage of the appellant with Kulwant Kaur @ Gurmit Kaur. Jagir Singh (PW4) had given sufficient dowry articles at the time of the marriage to his daughter. After 2/4 years of the marriage, the
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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appellant started maltreating Kulwant Kaur @ Gurmit Kaur on account of insufficient dowry. The said fact was disclosed to her by Kulwant Kaur @ Gurmit Kaur. She further deposed that she was not aware as to whether Jagir Singh (PW4) had given dowry articles after the marriage. The appellant had not demanded any specific dowry article from Kulwant Kaur @ Gurmit Kaur in her presence. On 17.1.1996, she (Dalbir Kaur) went to the house of the appellant and found that Kulwant Kaur @ Gurmit Kaur and the appellant were quarrelling with each other. On seeing the witness, the appellant released Kulwant Kaur @ Gurmit Kaur from his grip and thereafter she (Kulwant Kaur @ Gurmit Kaur) consumed some thing which she was holding in her right hand and thereafter she (Kulwant Kaur @ Gurmit Kaur) fell down. On asking, Kulwant Kaur @ Gurmit Kaur replied that whatever she had to do, she had done. Jagir Singh (PW4) was informed regarding the incident. The witness further deposed that letter (Mark ‘C’) was handed over to the police by her, however, she was not in a position to identify the signature of the appellant, Gurnam Singh, on the said letter.
PW6 J.S. Dhanjal, Draftsman: He had prepared the scaled site plan (Ex.PW6/A) at the pointing out of Jagir Singh (PW4).
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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PW7 HC Anil Kumar : He had tendered his affidavit (Ex.PM) to be read in evidence. In the affidavit, he, inter alia, deposed that on 17.1.1996 SI Janak Raj (PW10) had handed over to him viscera, postmortem report and clothes of the deceased. On 21.1.1996, the said articles were handed over to a constable for depositing the same with the Chemical Examiner, Punjab, Patiala. On 22.1.1996, the said constable handed over a receipt to him with regard to handing over the said articles to the office of the Chemical Examiner, Punjab.
PW8 Dr. Baldev Singh Dhillon : He, inter alia, deposed that Kulwant Kaur @ Gurmit Kaur was brought to his Nursing Home on 17.1.1996 at about 11:00 a.m. by Gurnam Singh, husband of the patient. Kulwant Kaur @ Gurmit Kaur was in a state of shock with unrecordable low blood pressure. After providing firstaid, the patient was referred to the Civil Hospital, Gurdaspur. He proved the copy of the bed head ticket (Ex.PN). He also deposed that the patient had told him that she had taken some poison but no other fact was disclosed by the patient.
PW9 Raghbir Singh: He is an Ex-Sarpanch of village Khokhar. He deposed that about 6½ years prior to the occurrence, the marriage of Kulwant Kaur @ Gurmit Kaur was solemnized with Gurnam Singh (appellant).
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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Sufficient dowry was given by Jagir Singh (PW4) at the time of the marriage. After two years of the marriage, the dispute regarding dowry had arisen and on that account Kulwant Kaur @ Gurmit Kaur was turned out of the house of her-in-laws. The said incident happened 2/3 times and the witness used to send Kulwant Kaur @ Gurmit Kaur back to her matrimonial home. Godrej Almirah, double bed, beddings, ironbox, buffalo, utensils etc. were given to the appellant a year prior to the occurrence by the parents of Jagir Singh (PW4). In addition to the above, a sum of `10,000/- in cash was also given to the appellant by Jagir Singh, about six months thereafter. On 17.1.1996, he came to know that Kulwant Kaur @ Gurmit Kaur, due to misbehavour of the accused, had consumed poison and died. He accompanied Jagir Singh (PW4) to Dhillon Hospital at Dhariwal. Kulwant Kaur @ Gurmit Kaur died at about 7:00 p.m. at Civil Hospital, Gurdaspur.
PW10 SI Janak Raj: He is the investigating officer. He deposed in detail regarding the investigation conducted by him. After completion of the investigation, the charge-sheet (report under Section 173, Cr.P.C.) was presented by SI Swaran Singh (not examined) before the learned Area Judicial Magistrate. PW11 SI Pal Singh: He deposed that he had partially
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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investigated the matter and during the course of investigation, he had recorded the statement of Isher Singh, Granthi. On 20.4.1996, Jagir Singh (PW4) had produced before him two bills (Mark ‘A’ and ‘B’) and the same were taken into possession vide memo (Ex.PK). He also deposed that on 23.4.1996, on his application (Ex.PG), opinions (Exs. PG/1 & PG/2) were given by the doctor.
“Dalbir Kaur PW had taken from us on loan of Rs.10,000/- and gold ear rings at the time of the marriage of her daughter about a year before the death of my wife. After some time, I started demanding it back and also I had been pressing my wife Kulwant Kaur too bring all this from her Massi Dalbir Kaur. Caught between my insistence and nonreturn by Dalbir Kaur, my wife became exasperated and called Dalbir Kaur to our house on the day of occurrence (17.1.1996) and my wife told Dalbir Kaur about her plight without any positive response from Dalbir Kaur. In desperation she consumed pesticide tablets despite my desperate efforts to snatch it from her. I immediately removed her to Dhillon hospital, Dhariwal and sent the message to her parental home through my cousin Sukhwinder Singh. My wife was earning well from her school and I had no desire to get anything from my in-laws nor I did demand anything. I am innocent.”
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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complainant, Jagir Singh (PW4), was that at the time of marriage adequate dowry articles were not given to the appellant since those were the days of terrorism, but after about 1½ year of the marriage, the dowry articles were handed over to the appellant. However, Smt. Dalbir Kaur (PW5), who was claiming herself to be the mediator of the marriage, deposed that the dowry articles were handed over to the appellant at the time of the marriage and the same was the deposition of Raghbir Singh (PW9), who stated that he was the Ex-Sarpanch of the village and had good relations with the father of the deceased.
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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Kaur @ Gurmit Kaur. At that time, Dalbir Kaur had borrowed `10,000/- and a pair of ear-rings from Kulwant Kaur @ Gurmit Kaur, but Dalbir Kaur did not return the same to her (Kulwant Kaur @ Gurmit Kaur). Therefore, there was bickering between the appellant and Kulwant Kaur @ Gurmit Kaur and, as such, Kulwant Kaur @ Gurmit Kaur was depressed. On the date of occurrence, the appellant and Kulwant Kaur @ Gurmit Kaur had a quarrel with regard to the said issue and Dalbir Kaur reached at the house of the appellant. In her presence, Kulwant Kaur @ Gurmit Kaur got herself released from the grip of the appellant and consumed poisonous substance and thereafter the whole story of demand of dowry, harassment, maltreatment etc. was concocted by the complainant side. He further submitted that the conduct of the accused in taking Kulwant Kaur @ Gurmit Kaur to the hospital and getting her admitted there, would clearly show that there was no mala fide intention on his part. In support of his contentions, learned counsel for the appellant has placed reliance on the judgments delivered in the cases of Sham Lal v. State of Haryana, 1997 (3) R.C.R. (Criminal) 85, and Bakshish Ram and another v. State of Punjab, 2013 (3) R.C.R. (Criminal) 924 . 13. On the other hand, learned counsel for the State though tried to substantiate that there was continuous demand of dowry by the appellant from Kulwant Kaur @ Gurmit Kaur or her father, yet when confronted with the depositions of Jagir Singh (PW4), father of the deceased; Dalbir Kaur (PW5), Mausi of the
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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deceased; and Raghbir Singh (PW9), Ex-Sarpanch of the village of the complainant, then he could not point out that soon before the death, the appellant had demanded dowry and maltreated or harassed the deceased on that account.
(i) The death of a woman was caused by burns or bodily injury or otherwise than under normal circumstances;
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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connection with demand of dowry”. If the alleged incident of cruelty is remote in time and as such becomes stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence.
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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all the essential ingredients of Section 304-B, IPC, are proved by the prosecution. Since the fact that the prosecution has failed to substantiate that soon before her death Kulwant Kaur @ Gurmit Kaur was treated with cruelty on account of demand of dowry, therefore, this Court is not agreeing with the finding recorded by the learned Trial Court that the appellant had caused the dowry death of his wife Kulwant Kaur @ Gurmit Kaur.
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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been framed against the appellant, but it being a lesser offence of Section 304-B, IPC, the appellant can be convicted and sentenced for lesser offence and, as such, he is held guilty for the offence punishable under Section 498-A, IPC.
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
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Sessions Judge, Gurdaspur, is hereby modified. The appellant is acquitted of the charge punishable under Section 304-B, IPC, however, in view of the findings recorded in para 23 above, he is held guilty for the offence punishable under Section 498-A, IPC. The maximum sentence prescribed under Section 498-A, IPC, is rigorous imprisonment for three years. But keeping in view the totality of the facts and circumstances of the case, the substantive sentence of the appellant is reduced to the period already undergone by him. The order of fine imposed by the learned Trial Court for the offence punishable under Section 304-B, IPC, shall be treated as fine imposed under Section 498-A, IPC.
(NARESH KUMAR SANGHI) JUDGE
August 14, 2014 Menu/Pkapoor
REFER TO REPORTERS
PRASHANT KAPOOR 2014.09.01 12:06 I attest to the accuracy of this order.
3 issues framed by the court
Whether the prosecution proved that the appellant harassed the wife soon before her death for dowry to attract Section 304-B IPC.
Whether the appellant abetted the wife to commit suicide under Section 306 IPC.
Whether the appellant is guilty of cruelty against a woman under Section 498-A IPC.
Colour shows how this judgement treated each authority
Sham Lal v. State of HaryanaExplained¶99
Sham Lal v. State of Haryana, 1997 (3) R.C.R. (Criminal) 85
Bakshish Ram and another v. State of PunjabExplained¶100
Bakshish Ram and another v. State of Punjab, 2013 (3) R.C.R. (Criminal) 924
Kamesh Panjiyar @ Kamlesh v. State of BiharExplained¶105
Kamesh Panjiyar @ Kamlesh v. State of Bihar, 2005 SCC (Criminal) 511 · Who else cites this
4 provisions across 2 enactments
Gurnam Singh
State of Punjab
NARESH KUMAR SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
