Punjab-Haryana High Court
Pehlad & Anr vs State Of Haryana on 6 February, 2014
Author: Surinder Gupta
Bench: Surinder Gupta
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRA-10-SB of 2003
Date of Decision: 06.02.2014
Pehlad & Anr.
...... Appellants
Versus
State of Haryana
...... Respondent
CORAM: HON'BLE MR.JUSTICE SURINDER GUPTA
Present : Mr. Rahul Vats, Advocate
for the appellants.
Mr. Gurvinder S. Sandhu, Asstt. A.G., Haryana.
*****
SURINDER GUPTA, J.
Appellants-Pehlad and Bhateri were convicted and sentenced by the Court of Addl. Sessions Judge, Jhajjar as follows :-
Under Section(s) Sentence
Rigorous Imprisonment Fine
498-A read with Section 34 Two years each ` 1000/- each. In default of
IPC payment of fine further to
undergo RI for three months
each.
304-B read with Section 34 Ten years each ` 2000/- each. In default of
IPC payment of fine further to
undergo RI for six months
each.
2. The police registered FIR No. 223 dated 3.6.1999 for offence under Sections 498-A, 304-B IPC at Police Station Jhajjar on the statement of Bani Ram whose daughter Kavita was married with appellant Pehlad Singh on 28.4.1999. As per the complaint, the appellants Pehlad Singh and his mother Bhateri started giving taunts to Kavita from the very first day of the marriage. On her ceremonial visit to her parents on the next day of the marriage i.e. 29.4.1999, she informed her father about the demand of colour television and scooter by the appellants and the threat given by them that Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 2 they will not allow her to stay in the matrimonial house till their demand is met. The complainant sent his daughter to her matrimonial house with the assurance that he will meet the demand of the appellants as and when he will have the means to purchase scooter and colour television.
3. After about ten days, the complainant sent his nephew Ram Niwas along with Nirdev to meet his daughter at the house of her in-laws. Ram Niwas, on return he told the complainant about the demand being repeated by the appellants for the scooter and colour television and giving of taunts to her on this score.
4. On 2.6.1999, Bijender Singh, resident of village Gawalison Kheri came to the complainant and informed that Kavita had ended her life by setting herself on fire. The complainant accompanied Bijender to his village Titoli and from there he reached village Surehati and found the dead body of his daughter lying in the room of the first floor. He made inquiries about the death of Kavita from the appellants, who could not give any satisfactory answer. He reported the matter to the police vide his statement (Ex. PE), on which SHO Police Station Jhajjar made his endorsement (Ex. PI) for registration of the FIR (Ex. PJ).
5. The appellants were arrested on 13.6.1999 and after completion of investigation, challan was presented against them in the Court of Sub Divisional Magistrate, Jhajjar, who committed the same to the Court of Sessions vide order dated 13.9.1999.
6. The appellants were charge-sheeted for offence under Sections 498-A and 304-B read with Section 34 IPC, to which they pleaded not guilty and claimed trial.
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High Court Chandigarh CRA-10-SB of 2003 3
7. Some facts, which are not in dispute in this case are as follows :-
(i) the marriage of Kavita with appellant-Pehlad was solemnized on 28.4.1999.
(ii) Pehlad and Kavita came to the house of complainant on next day i.e. 29.4.1999 for a ceremonial visit (Phera) and returned to village Surehati on 30.4.1999.
(iii) Till the date of incident i.e. 2.6.1999 Kavita had not come to meet her parents again. She died of burn injuries in her matrimonial house on 36th day of her marriage. She had received 95% burns.
8. Besides formal witnesses, the prosecution had examined Dr. J.K. Bhalla, who conducted the post mortem examination of the deceased, as PW-5. Bani Ram, father of the deceased as PW-6, Rajbir, nephew of Bani Ram as PW-7, Ram Niwas, brother of deceased as PW-8 and the Investigating Officer-Ram Parkash as PW-11. While convicting and sentencing the appellant for offence under Section 498-A and 304-B IPC, the trial Court found the testimony of the witnesses examined by the prosecution as reliable.
9. Learned counsel for the appellants while assailing the conviction and sentence awarded to the appellants has argued that the allegations levelled by the prosecution of the demand of colour Television and scooter in dowry were false and had no basis, because appellant Pehlad was employed in B.S.F. and posted at a place away from his village. Appellant-Bhateri was a 'Parda Nashin' illiterate lady who had absolutely Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 4 no use of the scooter or the colour television. The deceased had studied upto middle class. There is no evidence that during the period of more than one month she lived in the house of her in-laws, she had written any letters to her parents conveying her maltreatment on account of demand of colour television and scooter. The witnesses examined in this case are all family members and there is no independent corroboration to their testimony. The matter was reported to the police with a delay of about 7 hours which has gone unexplained. He has argued that in fact the reason for Kavita to take the extreme step of ending her life by setting herself on fire was the inability of appellant-Pehlad to take her to his place of posting. She was insisting Pehlad to take her to the place of his posting. As Pehlad was not having family accommodation and could not shift his family to his place of posting without the permission of the higher authorities, he expressed his inability to take her along with him. She had a quarrel with appellant-Pehlad on this score and in his absence she put herself on fire.
10. Learned State counsel has argued that it is a case where a young girl could not enjoy the bliss of her married life even for a day. Immediately after reaching her matrimonial house she was taunted and demand of colour television and scooter was raised. On the very next day of her visit to the house of her father she complained about this fact and again narrated the same to her cousin, when he visited her ten days thereafter. On receipt of the information about the death of Kavita, the complainant was on his feets. He immediately went to the village of his relatives, took them and reached village Surehati. On seeing the dead body of his daughter lying in a room, it took some time for complainant to reconcile and thereafter he Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 5 rushed to the police and reported the matter at 6 A.M. on 3.6.1999. There is no delay in reporting the matter. The defence taken by the appellants is also not tenable and is only an after thought. It is nowhere the case of appellants that they ever intimated father of deceased about her insistence to accompany her husband to the place of his posting. Nothing has been produced on file as to when he had to leave for his place of posting after expiry of the leave. The defence raised is neither plausible nor believable.
11. I have given a careful thought to the submission of learned counsel for the appellants and learned State counsel. It is an unfortunate case where a young girl ended her life on 36th day of her marriage. The cause for her taking extreme step of putting herself on fire is more than explicit in this case. PW-6 Bani Ram, father of the deceased, has stated that on visit to his house on the next day of marriage Kavita had apprised him of the demand of colour television and scooter by the appellants. As he was not having the means to fulfill the demand of appellants, he sent his daughter with her husband assuring her that the demand shall be met as and when his financial condition improves. After ten days, he sent his nephew Ram Niwas along with Nirdev to the matrimonial house of the deceased where again she told them about the demand of the appellants for the colour television and scooter. She intimated Ram Niwas that on this account the appellants had been taunting and harassing her.
12. This argument of the learned counsel for the appellants that being old and 'Parda Nashin' lady, appellant Bhateri had no use of the scooter and colour television and Pehlad was posted in B.S.F., as such, he did not require any scooter or colour television, carries no weight. The lust Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 6 for dowry has no bounds. It is a deep rooted social evil. In this case a young girl, instead of enjoying the bliss of married life, was compelled to take drastic step of putting herself on fire. The defence plea that she was insisting to accompany her husband to take her to his place of posting could be a reason for such tragic step that she opted to end her life.
13. PW-7 Rajbir, maternal uncle of the deceased, has stated that in marriage a black and white television, Sofa set, divan, watch, clothes and rings etc. were given. He was also present in the house of Bani Ram on 29.4.1999 when Kavita with her husband came there. It was in his presence that Kavita narrated the demand of colour television and scooter by the appellants.
14. PW-8 Ram Niwas, cousin of the deceased had also corroborated the statement of Bani Ram PW-6 and Rajbir PW-7. He had gone to the house of the appellants to enquire her welfare. There again Kavita told about the demand of colour television and scooter. She narrated her tale of woes and continuous taunts being given by the appellants to her for not bringing the colour television and scooter. It has been stated by Ram Niwas that he and Nirdev stayed for two hours at the house of the appellants and had taken tea there. When they were returning, Pehlad had even not come to see them off. This reflects that all was not well when Ram Niwas had gone to the house of the appellants.
15. It is evident that in the marriage of their daughter, her parents had spent as per their capacity. In this case, as stated by PW-7 Rajbir a black and white television had been given to the deceased. Father of the deceased was not having the financial capacity to give colour television or Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 7 scooter. A tender young girl was faced to hear the taunts immediately on reaching the house of her in-laws and she could not bear the same. Her father had already expressed his helplessness and his financial restraints in meeting the demand of the deceased. On 36th day of her marriage unfortunate incident took place and the victim died because of the burn injuries in the house of her in-laws. Death of Kavita was unnatural death due to burning within a period of seven years of the marriage. It is proved from the statements of PW-6 Bani Ram, PW-7 Rajbir and PW-8 Ram Niwas that she had been continuously subjected to cruelty and harassment in connection with demand for dowry by the appellants. All these facts and circumstances clearly make out and prove the offence under Section 498-A and 304-B IPC against the appellants.
16. This argument of learned counsel for the appellants that the statement of father, maternal uncle and cousin of the deceased could not be believed being relatives of the deceased, in the absence of independent corroboration, is not worth acceptance. The marriage of the deceased had taken place only one month prior to the incident. During this period, the parents of the deceased and the deceased herself could not develop any affinity with the residents of village Surehati, the matrimonial village of the deceased. The offence of harassing the newly wed for demand of dowry, which is generally committed inside the four-wall of house, is brutal and barbaric and has resulted in death of many young girls. In the instant case, all the beliefs and hopes of the parents of deceased got dashed after a period of only 36 days of the marriage of their daughter. Despite the efforts made on the social front as well as on legal front by various organizations and the Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 8 Government, the society has not been able to get rid from this deep rooted social evil. With the passage of time various provisions like Section 498-A, 304-B have been incorporated in the Indian Penal Code. Dowry Prohibition Act, 1961, was also framed and Section 113-A and 113-B were introduced in the Indian Evidence Act in a bid to provide protection to the bride and to instill sense of security in them. These drastic provisions and various other enactment have so far failed to attain the desired results.
17. After marriage of their siblings, the relations between two families start developing. There is usually a lot of restraint and check exercised by the family of the bride and attempt is made to cover up any unpleasant behaviour of the husband or his family members than to expose it. The parents of the bride live under the belief that they will succeed in settling their daughter in her matrimonial home.
18. The appellants have taken the plea that the deceased committed suicide as appellant Pehlad did not agree to her demand to take her to his place of posting. Learned counsel for the appellants has argued that the deceased had committed suicide because Pehlad, her husband, could not take her to his place of posting for want of family accommodation and permission of the seniors. This plea of the appellants cannot be believed. A newly wed may express her desire to accompany her husband to his place of posting but it is not believable that she will end her life on this score. She could protest in case her husband had not taken her to his place of posting and left her in matrimonial house for a long period. In this case the husband of deceased was very much with her and had not joined his duties. Only one month had passed after the marriage. It is nowhere the case of the appellants Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 9 that they had taken up this matter with the parents of the deceased or informed them in this regard.
19. On the other hand, it is proved from the statement of PW-6 Bani Ram, father, PW-7 Rajbir, maternal uncle, and PW-8 Ram Niwas, cousin of the deceased, that the stress and tension of the deceased was due to the demand of colour television and scooter raised by the appellants. She was intimating this fact to her parents but at the same time was very well aware of the financial restraints of her father.
20. Under section 113-B of the Evidence Act, when the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with any demand of dowry, the court shall presume that such person had caused the dowry death. The facts and circumstances in this case lead to such presumption, in the absence of any plausible and believable defence put forth by the appellants.
21. The contention of the learned counsel for the appellants regarding the delay in lodging the FIR is also without any substance. Law has not fixed any time limit for lodging the FIR, as such, the delay in lodging FIR is not illegal, however, prompt lodging of FIR gives prosecution the advantage of initiating the investigation without any time lapse and at the same time avoid any possible concoction of a false version. In this case the delay is not substantial. On receipt of the information on the evening of 2.6.1999, Bani Ram rushed from his village to the village of his relatives Titoli and from there he along with his relatives went to village Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 10 Surehati and reached there at about 11.30 P.M. There he saw the dead body of his daughter lying in a room on the first floor. He had discussion with the appellants. They could not satisfy him regarding the cause of death of Kavita. Thereafter he along with his relatives left the spot to lodge the report. His statement was recorded by the police at 6:00 A.M. in the morning of 3.6.1999. There is no substantial time gap or delay in reporting the matter to the police. The complainant is a ruralite. His daughter had died an unfortunate death. It was natural for him to first rush towards the place of incident, have first hand information from the appellants regarding the cause of death of his daughter. It would have certainly taken some time for him to reconcile and attain the level of tranquility of mind before taking a decision as to whether the matter has to be reported to the police or not. Delay in such circumstances is not fatal.
22. Hon'ble Supreme Court in the case of Ravinder Kumar vs. State of Punjab AIR 2001 SC 3570 has observed as follows :-
"14. When there in criticism on the ground that FIR in a case was delayed the court has to look at the reason why there was such a delay. There can be a variety of genuine causes for FIR lodgment to get delayed. Rural people might be ignorant of the need for informing the police of a crime without any lapse of time. This kind of uncoversantness is not too uncommon among urban people also. They might not immediately think of going to the police station. Another possibility is due to lack to adequate transport facilities for the informers to reach the police station. The third, which is a quite common bearing, is Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 11 that the kith and kin of the deceased might take some appreciable time to regain a certain level of tranquillity of mind or sedativeness of temper for moving to the police station for the purpose of furnishing the requisite information. Yet another cause is, the persons who are supposed to give such information themselves could be so physically impaired that the police had to reach them on getting some nebulous information about the incident.
15. We are not providing an exhausting catalogue of instances which could cause delay in lodging the FIR. Our effort is to try to point out that the stale demand made in the Criminal Courts to treat the FIR vitiated merely on the ground of delay in its lodgment cannot be approved as a legal corollary. In any case, where there is delay in making the FIR the court is to look at the cause for it and if such causes are not attributable to any effort to concoct a version no consequence shall be attached to the merely delay in lodging the FIR. [Vide Zahoor v. State of U.P. 1991 Suppl. (1) SCC 372; Tara Singh v State of Punjab, AIR 1991 SC 63; Jamna vs. State of U.P. 1994 (1) SCC 185. In Tara Singh (Supra) the Court made the following observations:
"It is well settled that the delay in giving the FIR by itself cannot be a ground to doubt the prosecution case. Knowing the Indian conditions as they are we cannot expect these villagers to rush to the police station Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 12 immediately after the occurrence. Human nature as it is, the kith and kin who have witnessed the occurrence cannot be expected to act mechanically with all the promptitude in giving the report to the police. At times being grief-stricken because of the calamity it may not immediately occur to them that they should give a report. After all it is but natural in these circumstances for them to take some time to go to the police station for giving the report."
23. In view of the above observations and the facts as discussed above, I find no merit in the contention of the learned counsel for the appellants that there is delay in reporting the matter to the police.
24. This argument of the learned counsel for the appellants that the deceased had written no letter regarding her harassment on account of colour television and scooter, is also without merit. The deceased got married about a month back. She had intimated the demand of colour television and scooter by the appellants to her father and other relatives on the very next day of her marriage and also to her cousin when he visited her ten days after her marriage. A girl tries to settle in her matrimonial house after marriage, which some times becomes a very difficult task, particularly when she gets confronted to hostile atmosphere. In this case the deceased had already intimated her parents about the demand of the appellants, it was not required for her to write a letter. Even otherwise, at a place like village Surehati where the appellants have been residing, it may not have even possible for the deceased to think of writing a letter and posting the same by Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 13 going to the post office.
25. This contention of the learned counsel for the appellants also has no merits that the prosecution has relied upon the testimony of Bani Singh PW-6, father, Rajbir maternal uncle and Ram Niwas cousin of the deceased and there is no independent corroboration. The offence of harassment of a newly wed on account of bringing lesser dowry and giving her taunts is never committed in open. It is generally committed inside fourwalls of the house. Even an illiterate person will not do so by proclaiming in open his demand of dowry. Firstly, the neighbours and other residents of the village may not be aware about the harassment and maltreatment of the deceased by the appellants. Even if they are aware, they had no affinity with the parents of the deceased or even deceased, who was married only a month back so as to come forward to depose against their co- villager.
26. Hon'ble Supreme Court in the case of Gangadhar Beherra and others v. State of Orissa, 2003 Crl. L.J. 41 has observed as follows :-
"13. We may also observe that the ground that the witness being a close relative and consequently not be relied upon, has no substance. This theory was repelled by this Court as early as in Dalip Singh v. The State of Punjab, 1953 Crl. L.J. 1465, in which surprise was expressed over the impression which prevailed in the minds of the Members of the Bar that relatives were not independent witnesses."
27. In these type of cases relations are best witnesses. If a newly wed is subjected to torture and harassment on account of demand of dowry, in that case she will first confide with her parents and close relatives instead of rushing to the neighbours or Panchayat. Unfortunately, in this case the Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 14 parents of deceased did not have the time, after her marriage to raise the issue in the Panchayat. The statement of her father, uncle and cousin is reliable. The complainant has neither exaggerated the demand of dowry raised by the appellants nor tried to implicate any other member of their family by naming them. The death has taken place in the matrimonial home of the deceased. There cannot be any eye witness or independent witness of the occurrence. Only interested witnesses, in such circumstances, will come to support the case and their statement cannot be discarded on the mere ground that they were related to the deceased. The prosecution has successfully proved all the ingredients to prove the charge for offence under Section 304-B IPC. The appellants have not been able to rebut the presumption of dowry death under Section 113B of the Indian Evidence Act, 1872.
28. In dowry death cases this point has also arisen before Hon'ble the Supreme Court in the case of Mustafa Shahadal Shaikh v. State of Maharashtra, 2012 Crl.L.J. 4763 and was observed that in dowry death cases it cannot be expected that outsider will come and depose as to what had happened in the family of the deceased. This argument that the testimony of close relatives in the absence of independent witness can not be relied, was repelled.
29. In view of the discussion above, I find no merit in the appeal. Conviction of the appellants under Sections 304-B and 498-A is maintained.
30. Learned counsel for the appellants has requested for reduction of sentence on the ground that the appellant-Pehlad is a B.S.F. personnel. Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh CRA-10-SB of 2003 15 He has not only lost his job and suffered on that account but has also to look after the family being the eldest. Appellant Bhateri is an old woman of more than 60 years of age by now. She is a widow and has to look after her younger son.
31. Keeping in view the nature of the crime, facts and circumstances of the case, I find no reason for reduction of sentence so far as appellant-Pehlad is concerned. However, keeping in view the age of appellant Bhateri, who is about 60 years of age by now, her sentence for offence under Section 304-B is reduced from ten years to seven years. The sentence awarded to her for offence under section 498-A IPC is maintained.
32. The appeal is disposed of accordingly.
33. The appellants will surrender before the Chief Judicial Magistrate, Jhajjar within a period of two weeks. In the event of their failure to appear, the Chief Judicial Magistrate, Jhajjar will initiate legal steps to procure their presence and send them to Jail to undergo the remaining period of their sentence.
(SURINDER GUPTA) 06.02.2014 JUDGE 'Satyawan' Satyawan 2014.02.12 17:54 "I attested to the accuracy and integrity of this document"
High Court Chandigarh