The High Court dismissed the State's criminal appeal and the complainant's revision against a lower court's acquittal. The Court held that the prosecution failed to establish that the accused taunted the deceased regarding insufficient dowry, finding the alleged demands unproven and inconsistent.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Appeal D-942-DBA of 2002 Date of Decision : November 17, 2014
State of Haryana
.....Appellant
VERSUS
Balwan Singh and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE T.P.S. MANN HON'BLE MR. JUSTICE DR. SHEKHER DHAWAN
Present : Mr. Baldev Singh, Addl. Advocate General, Haryana.
Mr. Vinod Ghai, Senior Advocate with
Mr. Simrandeep Singh Sandhu, Advocate.
Mr. Ashwani Bakshi, Advocate for the complainant.
T.P.S. MANN, J.
The respondents were tried for committing the offences punishable under Sections 498-A and 304-B IPC. Vide judgment dated 30.7.2012, learned Additional Sessions Judge (Adhoc), Rohtak, while holding that the version regarding the demand of dowry was not established whereas the defence version could not be brushed aside as unbelievable, acquitted them of the charges against them.
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Aggrieved of the impugned judgment of acquittal, the State filed the present appeal which was admitted on 10.12.2002. Complainant-Inderjeet also filed Criminal Revision 2265 of 2002 with the prayer that the impugned judgment of acquittal be set aside. The said revision was admitted on 11.2.2003 and ordered to be heard alongwith the present appeal.
The case of the prosecution is that marriage of Nisha, eldest daughter of complainant Inderjeet was solemnized with Narender son of Balwan Singh according to Hindu rites on 27.3.2000. The complainant had given sufficient dowry in the marriage as per his capacity. His son-in-law Narender was serving in the military. Whenever his daughter would come to his house, she would narrate that her father-in-law Balwan Singh, brother-in-law Surender Singh and mother-in-law Rajpati had been taunting her by saying that she had come from the house of hungry people and not brought sufficient dowry in the marriage. The complainant used to counsel his daughter and send her to the matrimonial house. After availing leave, his son-in-law Narender had left for his place of duty. Thereafter, brother-in-law Surender Singh harassed her by demanding a fridge and a motor cycle. Her in-laws also tormented her and started giving beatings to her. On learning about the same, the complainant alongwith his three brothers went to the matrimonial home of his daughter and pacified and tried to make her in-laws understand. Surender
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Singh, Balwan Singh and Rajpati insisted upon giving a fridge and a motor cycle to them as their son was serving in the military. The complainant and his brothers, on the asking of the villagers, again assured his daughter and returned back to the village. On 3.7.2001 at about 1.30 p.m., a message on telephone was received from Balwan Singh, father-in-law of Nisha, that she was very ill and got admitted in Medical College and Hospital, Rohtak. On receipt of the information, the complainant alongwith his brother Dilbagh and other family members reached the hospital and saw Nisha lying dead in ward No. 9. According to the complainant, his daughter had either been killed/murdered by giving poison to her on account of torture and beatings for bringing inadequate dowry or she had been forced to such an extent that she committed suicide by taking poison. The complainant, accordingly, sought taking of legal action against the accused persons.
It is also the case of the prosecution that HC Ishwar Singh, on receipt of VT message from Police Post, Medical College and Hospital, Rohtak that Nisha stood admitted as a case of poison, reached the Police Post and collected ruqa and medicolegal report in case of Nisha. He then reached ward No. 9 where the doctor handed over to him a ruqa regarding death of Nisha. Accordingly, he submitted an application before the Sub Divisional Magistrate, Rohtak for recording statements of the heirs
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of the deceased and for taking appropriate action in the matter. The Sub Divisional Magistrate, Rohtak deputed Naib Tehsildar to do so. The Naib Tehsildar recorded the statement Ex. PH of complainant Inderjeet, father of deceased Nisha and read over the same to him. The complainant while admitting it to be correct, put his signatures in English at the end of the statement. As the statement revealed commission of offences under Sections 304B/34 IPC, HC Ishwar Singh forwarded statement Ex. PH of complainant Inderjeet through Constable Shri Bhagwan to Police Station Sadar, Rohtak where on its basis FIR Ex. PH/2 came to be recorded on 3.7.2001 at 10.20 p.m. by ASI Surjeet Singh.
It is also the case of the prosecution that ASI Surjeet Singh after recording the FIR reached the hospital and while taking up investigation of the case, prepared inquest report over the dead body of Nisha, recorded the statements of the witnesses and took into possession the bottle of gastric lavage, MLR, etc. from HC Ishwar Singh vide recovery memo. Ex. PQ. The dead body of Nisha was then sent to the dead house for post mortem alongwith application Ex. PT requesting the doctor to carry out the same. On 4.9.2001, ASI Surjeet Singh visited the village of the accused and recorded the statements of Raj Singh, Jage Ram, Dilbagh Singh, etc., and made enquiry regarding this case from persons of that village. On 18.9.2001, complainant Inderjeet produced before him the marriage invitation card Ex. PJ which
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was taken into possession vide recovery memo. Ex. PK. On 4.7.2001, Constable Shri Bhagwan handed over to him post mortem report and photograph mark A was also obtained from complainant Inderjeet. HC Ishwar Singh handed over to him ruqas Exs. PG and PR and the medical report of Nisha.
After completion of the investigation and presentation of the final report under Section 173 Cr.P.C., the trial Court charged the accused for the aforementioned offences to which they pleaded not guilty and claimed trial.
In support of its case, the prosecution examined fifteen
witnesses.
PW1 Constable Shri Bhagwan testified that on 4.7.2001, he got post mortem conducted on the dead body of Nisha. The doctor handed over to him a sealed packet of viscera, one envelop and a sample seal which he deposited with the MHC.
PW2 Shri Yashvinder Singh, Sub Divisional Magistrate, Rohtak deposed that on 3.7.2001, HC Ishwar Singh moved application Ex. PA before him for appointment of one Executive Magistrate. Accordingly, he appointed Tehsildar, Rohtak as Executive Magistrate to conduct proceedings and in this regard made endorsement Ex. PB on the application Ex. PA.
PW3 Head Constable Rajbir Singh, PW4 UGC Phool
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Singh and PW5 Constable Ishwar Singh tendered in evidence their sworn affidavits Exs. PC, PD and PE, respectively.
PW6 SI Ram Singh testified that he prepared the report under Section 173 Cr.P.C.
PW7 Dr. S.P. Chug deposed that on 3.7.2001, he medico-legally examined Nisha wife of Narender, 22 years female. There was alleged history of intake of poisonous tablets. On examination, patient was conscious, pulse was 70 P.M. and B.P. was 110/70 mmHg. Blood and gastric lavage samples were collected and handed over to the Incharge, Police Post PGIMS, Rohtak. Patient was kept under observation and diagnosed as a case of suspecting poisoning. He proved medico-legal report Ex.PF. He had also sent ruqa Ex. PG at 1.40 p.m. regarding arrival of injured Nisha.
PW8 Dhoop Singh, uncle of the deceased, PW9 Inderjeet, father of the deceased and PW10 Raj Singh, another uncle of the deceased testified regarding the circumstances which resulted into the death of the deceased. According to them, after her marriage, Nisha went to her in-laws' house and returned with her husband on Phera ceremony when she told them and her mother that her brother-in-law Surender Singh, father-in-law Balwan Singh and mother-in-law Rajpati had taunted her that she had come from family of Bhukha Nanga and brought nothing in
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the dowry. They demanded a fridge and a motor cycle from her. However, the complainant and his other relatives consoled her and sent her with her husband. On 30.6.2001, she called her father on telephone at the house of Sahi Ram and told him that the accused were torturing and giving beatings to her besides demanding dowry and insisting upon a fridge and a motor cycle. On the next day, they went to the matrimonial home of Nisha and told the accused that they were not in a position to meet their demand forthwith and would provide the said two things on some ceremony or some occasion. Some persons of the village were also present, who agreed to it and the accused felt satisfied. The complainant and others consoled Nisha and returned to their village. On 3.7.2001, Balwan Singh, father-in-law of Nisha conveyed message to the complainant that Nisha was ill and lying admitted in PGIMS, Rohtak. He asked them to come and see her. Accordingly, they reached the hospital but by that time Nisha had expired. They were informed in the hospital that she had died on account of inhaling some poisonous substance. They further deposed that the Naib Tehsildar arrived in the hospital and recorded statement Ex. PH of complainant Inderjeet. The complainant also handed over to the police the marriage invitation card Ex. PJ which was taken into possession by the police vide recovery memo. Ex. PK. The photograph mark A of marriage ceremony was also handed over to the police.
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PW11 Dr. Hari Om Manchanda testified that on 4.7.2001, he conducted post-mortem on the dead body of Nisha and observed as under:-
“Dead Body of young female moderately built and nourished wearing self printed brown salwar and shirt and black bra. One yellow metalic koka in left nose and same metal ring right ring finger, white metalic ring left ring in little finger. Rigor mortis present in all over the body.
Laryinx and trachea right and left lung both were healthy and congested. Stomach contains 100 ml. grey colour liquid, mucosa congested and head haemorranges all over. Sulphas smell all over. Liver, spleen and kidneys were healthy and congested.
Heart:-
Right side heart contained dark blue blood while left side was empty. After seeing the report of FSL, I am of the opinion that death occurred due to consumption of aluminium phosphide (celphos) which is a dangerous poison. The Police information given to me was also to the effect that some poisonous matter was inhaled. My PMR report is Ex. PL which bears my signatures.”
He also deposed that the time between the death and post-mortem was within six to thirty six hours.
PW12 HC Ishwar Singh testified that on 3.7.2001 on
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receiving VT message from the Incharge, Police Post PGIMS, Rohtak regarding arrival of Nisha in hospital as a suspected case of poisoning, he went to the hospital and obtained copy of MLR regarding Nisha, bottle of gastric lavage and one envelop containing the seal of the doctor with seal impression and then he visited ward No. 9 where he found the dead body of Nisha lying there. The doctor handed over to him one ruqa regarding the expiry of Nisha. Thereafter, he went to the Sub Divisional Magistrate and moved application Ex. PM for the appointment of some Executive Magistrate for conducting Inquest over the dead body of Nisha and so Naib Tehsildar Naresh Kumar accompanied him and in his presence the inquest report was prepared and Inderjeet complainant, the father of the girl besides others, had also arrived. His statement Ex. PH was recorded on which this case was got registered. The further investigation was taken in hand by Surjeet Singh, ASI and he prepared the inquest report in the presence of Naib Tehsildar and recorded the statements of Dhoop Singh and Umed Singh under Section 175 Cr.P.C.
PW13 SI Ishwar Singh deposed that on 16.7.2001, he arrested Balwan Singh and Surender Singh accused whereas on 17.7.2001 he arrested Rajpati. After completion of the investigation, report under Section 173 Cr.P.C. was prepared by SI Ram Singh.
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PW14 ASI Surjeet Singh deposed about the various steps taken by him during the investigation of the case.
PW15 Dr. Naresh Kumar, Naib Tehsildar testified that on 3.7.2001, the Sub Divisional Magistrate, Rohtak passed an order on the application Ex. PM submitted by SI Ishwar Singh, deputing him for visiting PGIMS and conducting proceedings under Section 174 Cr.P.C. regarding the death of Nisha and to record the statements of the witnesses. Accordingly, he accompanied HC Ishwar Singh to PGIMS where he met complainant Inderjeet, father of the deceased and recorded his statement Ex. PH.
When examined under Section 313 Cr.P.C., all the accused denied the allegations levelled against them. According to accused Balwan Singh they never demanded any dowry article from Nisha nor ever taunted her. They were happy with the marriage but Nisha wanted to accompany her husband to the place of his posting. As he was posted in Army at a non-family station he was unable to do so. So she was annoyed. Before the expiry of his leave Narender, her husband took Nisha to her parents house at Dadanpur and requested her parents for advising her not to compel him for taking her to the place of his posting and her parents also advised her for not insisting over that matter. He further stated that after the death of Nisha, her father suggested to him that his younger daughter Seema be taken in
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marriage with Narender. As she was too young (aged about 13 years) he refused for that suggestion. So he got them falsely implicated in this case. He also made another offer that in case Seema was taken in marriage the case could be withdrawn. The accused Surender and Rajpati stated that they were falsely implicated and that there was no demand of any fridge and motor cycle nor they ever taunted Nisha for bringing less dowry and that their version is the same as given by their co-accused Balwan Singh.
In their defence, the accused examined DW1 Narender, husband of deceased, who stated that his marriage with Nisha took place on 27.3.2000 with no demand at all from their side and on the next day of the marriage his mother distributed ladoos in the village. While going to a neighbouring house with ladoos she fell down from stair case and sustained injuries. She was got treated from Dr. Ishwar. Thereafter, he took Nisha to her father's house on Phera ceremony and they stayed there for 4-5 hours and during that period Nisha made no complaint to her parents about any demand nor his parents ever taunted her nor demanded any dowry article. During that stay nobody told him about any such complaint from Nisha. After the expiry of leave he joined his duties and they used to write letter to each other. He used to contact her on telephone even. She never made any complaint regarding any harassment or demand.
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In the month of June he again come on leave for a period of 22 days and during that period they both visited the house of Nisha's parents and again there was no whisper about any demand. However, towards the end of his leave, Nisha started compelling him to take her with him at the place of his posting but as he was posted at a non-family station he showed his inability in that behalf. He further deposed that Nisha was suffering from some ailment and he got her treated from Medical College, Rohtak and then from the clinic of Dr. Mrs. Julka and she got some relief. In his absence, his mother used to take her to the doctor for medical check-up and the treatment slips are mark B, mark C and mark D. He has further stated that Parveen, brother of Nisha stayed with them for one year as he was got admitted in MDI School, Rohtak as he was not well at studies in the village. In April next he again came to his house for a brief period and in May he again came to his house on leave for 1½ months. During that period the entire family visited Vaishno Devi and also paid a visit to her in-laws house with Nisha and during entire that period there was no whisper about any demand or harassment. But again towards the end of the leave Nisha insisted to take her to Jammu and Kashmir where he was posted but being a non-family station he could not take her with him. He also placed on record two letters Ex. DA and Ex. DB written to him by his wife. He returned to his duties on 26.6.2001.
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DW2 Ramphal Singh testified that on 10.6.2000, he accompanied Balwan Singh to the shop of Pankaj as he wanted to purchase a fridge. He purchased fridge for Rs. 7,250/- in his presence and the shopkeeper issued slip Ex. DC.
DW3 Suraj Bhan, mediator in the marriage of Nisha with Narender deposed that it was a simple marriage and there was no talk of any dowry article and only customary articles were given at the time of marriage. There was no whisper at all regarding any dowry at any occasion after the marriage nor Nisha was ever harassed or compelled for arranging any dowry article. He had been visiting Dadanpur even and the parents of Nisha never told him about any such demand or harassment.
As mentioned above, the trial Court did not accept the prosecution version and, accordingly, acquitted the accused/respondents of the charges against them.
Having heard learned counsel for the parties and after going through the record, this Court finds that though the death of Nisha occurred within seven years of her marriage, which death was otherwise than under normal circumstances yet the prosecution has not been able to establish that the accused had been taunting her for not bringing dowry to their satisfaction. Neither at the time of marriage nor on any subsequent occasion
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there was any demand having been raised by the accused for dowry. At the time of marriage or even earlier to it there was no demand for dowry and the marriage was solemnized in a peaceful atmosphere and marriage procession had departed happily. In case Nisha had lodged any complaint with her parents on her first visit to them after the marriage, they could have lodged a protest with her husband. However, the complainant had no such talk with him. Subsequent to the same nothing happened till 30.6.2001 when the accused demanded a fridge and a motorcycle from Nisha. In case there had been any greed on the part of the accused, they would not have waited for more than a year to ask for those articles. The version regarding the visit of the complainant and his brothers to the house of the accused was not reflected in the statement Ex.PH on the basis of which FIR Ex.PH/2 was registered. Further, according to the complainant, some persons of the village of the accused were present at the time of talks which the complainant and his relatives had with the accused but the complainant could not mention the name of any such person. Even no person from village Dadanpur, the village of the complainant was associated in those talks. It has also come on the record that the accused felt satisfied on the assurance of the complainant and others that the demanded articles would be provided on some occasion then there was no occasion with the accused to resume harassment within three days thereafter and
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Nisha consuming some poisonous tablets in order to end her life.
It is the prosecution case that when Nisha was taken to the hospital, she was found to be conscious by the doctor. Despite the same neither the doctor recorded her statement nor any police officer made an attempt to record her statement. Ruqa regarding the arrival of Nisha was sent to the Police Station only after her death. In the said ruqa, mention had been made regarding arrival of Nisha in the hospital as a case of suspected poisoning. On the other hand, if the accused had any guilty mind, they could have delayed taking of Nisha to the hospital. They could have waited till she had become unconscious or had expired. Nisha was removed to the hospital at 1.00 p.m. She was medico-legally examined thereafter at 1.40 p.m. Though she was found to be in a position to make the statement but the attending doctor did not make an attempt to convey the message to the police at the earliest so as to record her statement. Fact remains that Head Constable Ishwar Singh arrived in the hospital after 4.00 p.m. and by that time Nisha had already expired.
Coming to the demand of dowry, the prosecution is relying upon the testimonies of PW9 complainant Inderjit, PW8 Dhoop Singh and PW10 Raj Singh, who deposed about the accused making a demand for dowry on two occasions. First was when Nisha came to their house on Phera ceremony and the
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other was on 30.6.2001 when they received a telephonic message from Nisha about her torture and beatings at the hands of the accused on account of dowry. On the first visit the husband of Nisha was also present and if there had been any truth in the allegations, the complainant and others could have advised or counselled him in that regard. As admitted, neither the complainant nor his brothers nor also his wife talked to him about any such demand of dowry or maltreatment as a result thereof. It has also come in the evidence that whenever Narender came on leave he, alongwith Nisha, would visit his in-laws house. Thus, Nisha could have disclosed about the demand and maltreatment, if any, to her parents. The complainant also never made any complaint to Narender that Nisha was being harassed by his parents and brother. It has also come on the record that father-inlaw and mother-in-law of the deceased visited the complainant’s house on 2/3 occasions but they made no demand for any dowry article. Even the version about the complainant being told by Nisha on 30.6.2001 regarding demand for fridge and motorcycle, was also not substantiated. The complainant had attended to the telephone calls at the house of his co-villager Sahi Ram but nobody from that house was examined to establish that any such call was received there. The visit of the complainant and his brothers to the house of the accused on 1.7.2001 is not free from doubt as they did not associate any respectable person from their
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village. The father and two uncles of the deceased have testified that some persons of the village of the accused were present when they had talks with the accused and they felt satisfied after being assured that the dowry articles would be provided on some special occasion. However, as mentioned above, none of the three witnesses could state about the persons of the village of the accused who had turned up there. The version regarding receipt of telephone call on 30.6.2001 and about visit of the complainant and his brothers to the village of the accused on 1.7.2001 was also not stated in the FIR nor also during the recording of the statements of the brothers of the complainant under Section 161 Cr.P.C.
According to the prosecution, the accused had demanded a fridge from Nisha. It has come on the record by way of the testimony of DW2 Ramphal Singh when he stated that on 10.6.2000 he had accompanied Balwan Singh accused to the shop of Pankaj as he wanted to purchase a fridge. The fridge was purchased for Rs.7,250/- in his presence and in that regard the shopkeeper issued slip Ex.DC. The fridge having been purchased by the accused about a year earlier to the unfortunate incident, there was no occasion for them to make any demand for a fridge from the parents of the deceased. Further, Balwan Singh accused was a petty government employee whose son Surender was in Indian Seafarers Training Academy at Chennai. Thus,
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there was no occasion for Balwan Singh to demand a motorcycle. The husband of the deceased, being in the Army, would not have needed a motorcycle.
The defence has brought on record letters Exs.DA and DB written by the deceased to her husband on 17.2.2001 and 27.2.2001. No mention about any demand or harassment had been mentioned by Nisha in both the letters. Only mention made in those letters was about her medical treatment as she was having some relief from eye-trouble and skin trouble had also subsided. She had also requested her husband to thank Surender on her behalf.
According to the defence, the deceased used to insist upon accompanying her husband to his place of posting. However, as he was posted at a non-family station, he was unable to do so. It has come in the evidence that about a week prior to the unfortunate incident, her husband had come on leave and returned to his duties on 26.6.2001. Even at that time there was insistence on the part of the deceased to be taken with him but he showed his inability. Within a week, thereafter, Nisha committed suicide. In case there had been any demand for dowry at the hands of the accused or harassment at their hands, she could very well apprise her husband about the same but she did nothing in that behalf. She also did not write any letter to her
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husband regarding her alleged harassment. Rather, she used to remain ill on account of gynaecological problem and eye and skin trouble and was, thus, anxious to accompany her husband. However, her request was not acceded to by her husband. Left with no other option she took the extreme step of ending her life. However, that will not be sufficient to either hold the accused responsible for causing dowry death or abetting the commission of suicide by Nisha.
In view of the above, no case is made out for any interference in the impugned judgment of acquittal passed by the trial Court.
The appeal is without any merit and, accordingly,
dismissed.
( T.P.S. MANN ) JUDGE
( SHEKHER DHAWAN ) November 17, 2014 JUDGE satish
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3 issues framed by the court
Whether the prosecution could establish that the accused had been taunting the deceased for not bringing dowry.
Whether there was any demand raised by the accused for dowry at the time of marriage or subsequent occasions.
Whether the impugned judgment of acquittal should be interfered with in view of insufficient evidence regarding dowry death.
State of Haryana
Balwan Singh and others
T.P.S. Mann
Dr. Shekher Dhawan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
