Punjab-Haryana High Court
Gian Singh vs State Of Punjab And Others on 26 April, 2012
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Miscellaneous No.51399 of 2011 and
Criminal Miscellaneous No.A-803-MA of 2011
Date of decision: 26.04.2012.
Gian Singh ....Applicant
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MR. JUSTICE M. JEYAPAUL
Present: Mr. Sanjay Gupta, Advocate for the applicant.
S.S. SARON, J.
The criminal miscellaneous No.803-MA of 2011 has been filed by Gian Singh (PW-1) father of the deceased Inderjit Kaur seeking leave to ap- peal against the acquittal of respondents No.2 to 4 by the learned Sessions Judge, Hoshiarpur for the offence under Section 304-B of the Indian Penal Code (IPC-for short). Along with the application for grant of leave to appeal, Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [2] criminal miscellaneous No.51398 of 2011 has been filed praying for condoning delay of 68 days in filing the application for grant of leave to appeal.
The applicant Gian Singh (PW-1) made a statement (Ex.PA) be- fore Mohinder Singh ASI (PW-6) on 07.09.2009 that he was resident of Bhuno, Police Station Mahilpur, District Hoshiarpur and did agriculture work. He (PW-1) had four daughters and one son. His daughter Inderjit Kaur about one year back was married with Balwinder Singh (respondent No.2) son of Kashmir Singh resident of Village Kaharpur, Police Station Mahilpur, District Hoshiarpur. In the marriage, Gian Singh (PW-1) had given dowry etc. to his daughter according to his capacity. After about six months of the marriage, the in-laws family of his daughter Inderjit Kaur started troubling and harassing her. His daughter and her husband Balwinder Singh (respondent No.2) for their household needs asked for Rs.5000/-. Gian Singh (PW-1) in the month of May, 2009 went to village Kaharpur and gave Rs.4000/- to his son-in-law Bal- winder Singh (respondent No.2). Some days after this, the in-laws family of his daughter Inderjit Kaur, her husband Balwinder Singh (respondent No.2) and her husband's elder brother's wife (jethani) whose name he did not know again started troubling and harassing her. Inderjit Kaur, the daughter of Gian Singh (PW-1) and his son-in-law Balwinder Singh (respondent No.2) had come to their house at village Bhuno, Police Station Mahilpur, District Hoshiar- pur on 24.08.2009 and they made them both understand and sent their daughter Inderjit Kaur with Balwinder Singh (respondent No.2). On 06.09.2009 at about 1.30 am at night Gian Singh (PW-1) received a telephone call from his relative at village Khanpur who informed him that his daughter In- derjit Kaur was unwell and for her treatment she had been taken to Hoshiar-
Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [3] pur. Gian Singh (PW-1) regarding admission of his daughter Inderjit Kaur called his other son-in-law Mohinder Singh resident of Hallowal. Then Gian Singh (PW-1) by taking his son-in-law Mohinder Singh with him reached Civil Hospital, Hoshiarpur and found his daughter Inderjit Kaur lying unconscious on a bed in the emergency room. The condition of his daughter Inderjit Kaur being serious and for her treatment he took her from Civil Hospital, Hoshiarpur and got her admitted in Modern Hospital, Hoshiarpur. His daughter Inderjit Kaur who was under treatment at Modern Hospital, Hoshiarpur on 06.09.2009 at about 10.30 pm in the night had died. He had full belief that after being given a beating his daughter Inderjit Kaur was set on fire by pouring kerosene oil on her. On this account, his daughter Inderjit Kaur had died. Legal action it was requested be taken against his son-in-law Balwinder Singh (respondent No.2), mother-in-law of his daughter (Manjit Kaur-respondent No.4) and her husband's elder brother's wife (Jethani) (Sandeep Kaur-respondent No.3). Statement of Gian Singh (PW-1) had been recorded which he had heard and accepted it as correct. The statement was signed by Gian Singh (PW-1) in English and was attested by Mohinder Singh ASI, Police Station Mahilpur (PW-6).
Police proceedings (Ex.PA/1) were recorded by Mohinder Singh ASI (PW-6) at Modern Hospital Hoshiarpur at 10.35 am on 07.09.2009. He had received a doctor's slip (Ex.PG) on 06.09.2009 without number that Inder- jit Kaur wife of Balwinder Singh (respondent No.2) resident of Kaharpur, Police Station Mahilpur with burn injuries was brought from Civil Hospital, Mahilpur to Civil Hospital, Hoshiarpur. MHC of the Police Station gave the said chit (Ex.PG) to Mohinder Singh ASI (PW-6) for necessary action. He (PW-6) Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [4] along with Head Constable Gurmail Singh went to Civil Hospital, Hoshiarpur and moved an application (Ex.PH) regarding fitness of the patient to make a statement. The doctor concerned vide endorsement (Ex.PH/1) declared the patient Inderjit Kaur fit to make a statement. ASI Mohinder Singh (PW-6) then went to the Duty Magistrate Mrs. Tripatjot Kaur (DW-2). On the request of ASI Mohinder Singh (PW-6), Mrs. Tripatjot Kaur, Judicial Magistrate Ist Class, Hoshiarpur (DW-2) went to Civil Hospital and after obtaining opinion (Ex.PK) of the concerned doctor and after putting some preliminary questions to the patient and recording her satisfaction (Ex.PL) that the patient was fit to make a statement, recorded the statement (Ex.PM) of Inderjit Kaur. After recording the statement (Ex.PM) of Inderjit Kaur, the doctor in charge made his endorse- ment (Ex.PM/1) below the statement of Inderjit Kaur that she had remained conscious throughout her statement and was fit to give her statement. There- after Mrs. Tripatjot Kaur (DW-2) who was Duty Magistrate made her endorse- ment (Ex.PM/2) regarding recording the statement of Inderjit Kaur. ASI Mohin- der Singh (PW-6) obtained a copy of the statement of Inderjit Kaur by moving a request (Ex.PN) and thereafter made an entry in the daily diary register after making his endorsement (Ex.PO) below the copy of the statement of Inderjit Kaur. On 07.09.2009, ASI Mohinder Singh (PW-6) received information that the family members of Inderjit Kaur had shifted her to Modern Hospital, Hoshi- arpur, where she had died. ASI Mohinder Singh (PW-6) along with Head Con- stable Gurmail Singh, Punjab Home Guard (PHG -for short) Sital Dass reached Modern Hospital, Hoshiarpur and at the gate of the hospital, he met Gian Singh (PW-1) along with Surinder Singh son of Kundan Singh resident of Hussanpur Guruka, Police Sation Hariana, District Hoshiarpur. Gian Singh Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [5] (PW-1) got his statement (Ex.PA) recorded with ASI Mohinder Singh (PW-6) which was read over to him and he (PW-1) after hearing and accepting it as correct signed the same in English which was attested by ASI Mohinder Singh (PW-6). From the statement (Ex.PA) of Gian Singh (PW-1), a case for the of- fence under Section 304-B IPC was made out. After recording the statement it was sent to the Police Station through PHG Sital Dass for registration of a case. The case number after registration was asked to be intimated. The con- trol room was asked to be informed and special reports were asked to be is- sued. ASI Mohinder Singh (PW-6) was busy at the spot with the investigation of the case. On receipt of writing at the Police Station Mahilpur, case FIR No.163 dated 07.09.2009 was registered for the offence under Section 304-B IPC. The dead body of Inderjit Kaur was taken to Civil Hospital, Hoshiarpur for postmortem examination. A request (Ex.PE) for postmortem examination was moved. After postmortem examination, the doctor handed over to ASI Mohinder Singh (PW-6) a copy of report (Ex.PD) of the postmortem examina- tion and a pair of ear rings (Ex.P1). The dead body after postmortem examina- tion was handed over to the family members of the deceased. A pair of ear rings (Ex.P1) of Inderjit Kaur (deceased) was taken in possession vide memo (Ex.PP). The case property was deposited by ASI Mohinder Singh (PW-6) with the MHC. On 12.09.2009, Mohinder Singh ASI (PW-6) arrested accused Balwinder Singh (respondent No.2). While in police custody, he made a dis- closure statement (Ex.PQ) to the effect that he had concealed one stove (Ex.P2) and a plastic can (Ex.P3) containing kerosene oil and one small steel 'degi' (pan) (Ex.P3) about which only he knew and could get the same recov- ered. In pursuance of the said disclosure statement, Balwinder Singh (respon-
Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [6] dent No.2) got recovered the said articles from the place that he disclosed, which were taken in possession vide memo (Ex.PR). A rough site plan (Ex.PR/1) of the place of recovery with correct marginal notes was prepared. On return to the police station, the case property was deposited with the MHC.
On 01.10.2009, Mohinder Singh ASI (PW-6) arrested Sandeep Kaur (respondent No.3). Manjit Kaur (respondent No.4) surrendered in Court on 10.10.2009 and she was formally arrested after obtaining permission from the Court. After completing investigation in the case, police report (challan) was prepared by SI/SHO Harjit Singh whose signatures Mohinder Singh ASI (PW-6) identified on the report under Section 173 of the Code of Criminal Pro- cedure (Cr.P.C.-for short). Challan was filed in the Court of learned Judicial Magistrate Ist Class, Hoshiarpur on 08.12.2009. The copies of the challan were supplied to the accused. The learned Magistrate vide order dated 23.01.2010 observed that the accused it appeared had committed an offence punishable under Section 304-B IPC which was exclusively triable by the Court of Session. Accordingly, the case was committed to the learned Ses- sions Judge, Hoshiarpur. The learned Sessions Judge, Hoshiarpur on 02.04.2010 charge-sheeted respondents No.2 to 4 on the allegations that on 06.09.2009 at 1.30 pm in the area of village Kaharpur, Inderjit Kaur died an unnatural death otherwise than under normal circumstances within seven years of her marriage and soon before her death she was subjected to cruelty and harassment by all the accused in connection with the demand of dowry and thereby they all had committed an offence punishable under Section 304- B IPC which was within the cognizance of the said Court. The accused, it was directed, be tried by the said Court of Session on the aforesaid charges. They Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [7] all heard the charges and understood the same and pleaded not guilty and claimed trial.
The prosecution in order to establish its case examined Gian Singh complainant (PW-1), He reiterated the position as given by him in his statement (Ex.PA). Dr. Satpal Gojra, Medical Officer, Civil Hospital, Hoshiarpur (PW-2) conducted postmortem examination on the dead body of Inderjit Kaur. It is stated that the dead body had about 95 % of burns superficial to deep sparing sole and feet and scalp. Few of scalp were syeing due to burns. The line of demarcation between healthy and burns area was present. The body was smeared with whitish coloured cream. The cause of death in this case in his opinion was due to shock due to burns which were sufficient to cause death in the ordinary course of nature. All the burns were ante mortem in na- ture. The probable duration between injury and death was within 24 to 48 hours and between death and postmortem was within 24 hours. All the other organs were healthy. Ex.PD was the carbon copy of the original postmortem examination report which was prepared by him as well as by Dr. Ritu Narad whose signatures, he identified. The pictorial diagram showing the seats of in- juries was Ex.PD/1. Dr. Satpal Gojra (PW-2) was not cross-examined. Arjun Khanna, Draftsman, Civil Court, Hoshiarpur (PW-3) on 05.12.2009 went to the spot in the area of village Kaharpur, Police Station Mahilpur and prepared scaled site plan (Ex.PF) at the pointing of Gian Singh (PW-1). It was signed by Gian Singh (PW-1) whose signatures he identified. In cross-examination, he stated that he went at the spot at the instance of police. ASI Mohinder Singh (PW-6) was also with him. Paramjit Singh (PW-4) and Darshan Singh (PW-5) are co-villagers of the complainant Gian Singh (PW-1). They were ex-
Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [8] amined to establish the ill-treatment met out to Inderjit Kaur. ASI Mohinder Singh (PW-6), the Investigating officer was examined and the prosecution evi- dence was closed.
The statements of the respondents No.2 to 4 in terms of Section 313 Cr.P.C. were recorded. Balwinder Singh (respondent No.2) in his state- ment stated that he was innocent. On 05.09.2009 in the early hours of night, he was at his house lying on a cot in a room. He heard shrieks of his wife In- derjit Kaur emanating from the verandah adjoining the room. He rushed to- wards verandah and found that she had caught fire while working on a stove and her clothes were burning. Other family members were also attracted and her fire was extinguished. She was taken to PHC Mahilpur and on their ad- vice she was taken to Civil Hospital, Hoshiarpur. Mahilpur police as well as her parents were informed. Her parents had also reached the hospital. The police had brought a Judicial Magistrate who had recorded her statement. She was given some treatment by the Medical Officer. She was taken to Mod- ern Hospital, Hoshiarpur but unfortunately she succumbed to the burns on 06.09.2009 at about 10.30 pm. Later on a false case was registered against them. Sandeep Kaur and Manjit Kaur (respondents No.3 and 4) stated that they had heard the statement of Balwinder Singh (respondent No.2) recorded in their presence and they had nothing to add.
Dr.J.P.S. Bains, Medical Officer, Civil Hospital, Hoshiarpur was given up by the prosecution on 20.10.2010 as unnecessary. He was, how- ever, examined in defence as DW-1. On 06.09.2009 at 4.10 am vide endorse- ment (Ex.PK) he (DW-1) certified on the asking of the learned Judicial Magis- trate Ist Class (DW-2) that Inderjit Kaur was fit to make a statement. The Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [9] statement (Ex.PM) of the patient was recorded in his presence by the learned Magistrate (DW-2). He remained present during that period. The statement (Ex.PM) was thumb marked by the patient and he again certified vide his en- dorsement (Ex.PM/1) that the patient had remained fit while making her state- ment.
Mrs. Tripatjot Kaur, Judicial Magistrate Ist Class who had recorded the dying declaration was given up by the public prosecutor on 06.09.2010 be- ing unnecessary. She was, however, examined in defence as DW-2. She proved the dying declaration Ex.PM of Inderjit Kaur. The same was marked by putting her left foot impression. Her thumb impression was not clear that is why her left foot impression was taken.
The learned trial Court after considering the evidence and material on record acquitted the respondents No.2 to 4. Aggrieved against the same, Gian Singh (PW-1) applicant has filed the present criminal miscellaneous ap- plication for grant of leave to appeal.
Shri Sanjay Gupta, Advocate learned counsel for the applicant has submitted that the learned trial Court has wrongly acquitted respondents No.2 to 4. In the dying declaration (Ex.PM), Inderjit Kaur (deceased) had re- portedly stated that she had on her own lit the stove and had caught fire; how- ever, the learned trial Court has given undue weightage to the said alleged dy- ing declaration and acquitted respondents No.2 to 4. The learned Magistrate did not disclose to the patient that she was a magistrate and that she was go- ing to record her statement; besides, no oath was administered by the learned Magistrate. In fact the dying declaration was made while Inderjit Kaur had suf- fered 95% burns and was under treatment. Therefore, she must have been Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [10] sedated in respect of which a judicial notice can be taken as held in Mrs. Am- rik Kaur v. State (Delhi), 1989 (2) RCR (Criminal) 350 (Delhi). The said dy- ing declaration in any case, it is submitted, was not liable to be read in evi- dence and given undue weightage to hold that the offence under Section 304- B IPC was not made out. The said dying declaration by itself is not such that it would absolve the accused respondents No.2 to 4 for the offence under Sec- tion 304-B IPC. Apart from the dying declaration, it is submitted that there are depositions of Gian Singh (PW-1), Paramjit Singh (PW-4) and Darshan Singh (PW-5), which clearly show that Inderjit Kaur was harassed in connection with demand for dowry soon before her death. The death of Inderjit Kaur had in fact occurred within one year of her marriage. Therefore, the offence under Section 304-B IPC is made out in respect of which a presumption even is li- able to be drawn We have given our thoughtful considerations to the contentions of the learned counsel for the applicant and gone through the records of the trial Court which were requisitioned. However, find no merit in the same.
The facts as have been enumerated above show that Inderjit Kaur had suffered burn injuries on the night of 06.09.2009 at her matrimonial home. She was admitted in Civil Hospital, Hoshiarpur where Mrs. Tripatjot Kaur, Judi- cial Magistrate Ist Class, Hoshiarpur (DW-2) on an application (Ex.PJ) submit- ted by ASI Mohinder Singh (PW-6), the investigating officer in the case, had gone there. In the said application (Ex.PJ) it was submitted by Mohinder Singh ASI (PW-6) that Inderjit Kaur wife of Balwinder Singh (respondent No.2) resi- dent of Kaharpur, Police Station Mahilpur, District Hoshiarpur was admitted with burn injuries on her person at the Civil Hospital, Hoshiarpur. A written Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [11] opinion had been taken from the doctor there regarding her fitness to make a statement. The doctor opined that Inderjit Kaur was fit to make a statement and, therefore, her statement be recorded. Mrs. Tripatjot Kaur, Judicial Magis- trate Ist Class (DW-2) at 3.45 am on 06.09.2009 passed an order (Ex.PJ/1) to the effect that a request had been received from ASI Mohinder Singh Police Station Mahilpur (PW-6) that Inderjit Kaur wife of Balwinder Singh was lying in the Civil Hospital, Hoshiarpur in a burnt condition. Since the doctor had de- clared Inderjit Kaur fit to make a statement, her statement be recorded. The dying declaration of Inderjit Kaur was recorded by Mrs. Tripatjot Kaur, Judicial Magistrate Ist Class (DW-2) after getting certificate of fitness from the con- cerned doctor. The dying declaration and the certificate of the doctor con- cerned were recorded on a separate sheet. The 'Ahlmad' was directed to seal the declaration along with other documents for safe custody and then send them to the Illaqa Magistrate against proper receipt. Dr. J.P.S. Bains (DW-1) Emergency Medical Officer, Civil Hospital certified that the patient Inderjit Kaur wife of Balwinder Singh (respondent No.2) was fit to make a statement. The learned Judicial Magistrate (DW-2) recorded that she was going to record the statement of Inderjit Kaur after asking her preliminary questions to ascertain her fitness to make a statement. Questions were asked as to what was her name, how many children did she have and was she married. The patient re- plied that her name was Inderjit Kaur, she had no children and that she was married. The learned Magistrate (DW-2) was satisfied that Inderjit Kaur was fit and conscious to make a statement. Accordingly, her statement (Ex.PM) was recorded. The English translation of which is as follows:-
Statement of Inderjit Kaur wife of Balwinder Singh.
Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [12] "Stated that the stove was to be lit. There were two cans of oil. Husband knew about it. My mother-in-law and husband were at home. The fire occurred in the verandah. Husband did not come to know. The persons at home (family) were awake but were lying in the room. On hearing my cries they came. My husband, mother-in-law and father-in-law brought me to the hospital. I do not want to say anything more."
The right thumb impression as also left foot impression of Inderjit Kaur was taken by the learned Magistrate (DW-2). Dr.J.P.S. Bains (DW-1) certified vide Ex.PM/1 that the patient remained conscious throughout her statement and was fit to make her statement. The learned Magistrate (DW-2) recorded her satisfaction (Ex.PM/2) that she was satisfied that the declarant examined was fit and conscious throughout the declaration and the statement made by her was voluntarily made and without any pressure.
In respect of the contention of the learned counsel for the appli- cant that the learned Magistrate did not disclose to the patient that she was a magistrate and that she was going to record her statement; besides, no oath was administered by the learned Magistrate, it may be noticed that the dying declaration was recorded by the learned Magistrate (DW-2) after mentioning to Inderjit Kaur that she was going to record her statement. In fact the learned Magistrate (DW-2) had gone to the Civil Hospital, Hoshiarpur, obtained neces- sary certificate (Ex.PK) of the fitness of Inderjit Kaur from Dr. J.P.S. Bains (DW-1), then satisfied herself vide Ex.PL that the patient was fit to make a statement, then recorded her statement and after recording it, she (DW-2) sat- isfied herself that the patient had remained fit throughout would go to show Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [13] that the learned Magistrate had undertaken what she thought was necessary be done for recording the statement. Besides, Inderjit Kaur whose statement was recorded states that she did not want to say anything more gives suffi- cient indication that her statement was being recorded by a Magistrate and she was conscious of the same. There is a presumption that all judicial and of- ficial acts have been regularly performed.
As regards non-administering of oath, the same is inconsequential as before recording a dying declaration an oath is normally not administered. In Laxmi (Mrs.) v. Om Prakash and others, (2001) 6 Supreme Court Cases 118, it was observed that a dying declaration not being a deposition in Court, neither made on oath nor in the presence of the accused and therefore, not tested by cross-examination is yet admissible in evidence as an exception to the general rule against the admissibility of hearsay. The admissibility is founded on the principle of necessity. A dying declaration, which is found reli- able, can form the basis of conviction. A court of facts is not excluded from acting upon an uncorroborated dying declaration for recording conviction. Therefore, merely because oath has not been administered, it cannot be said that a dying declaration is liable to be ruled out from consideration and that too for recording holding a person to be not guilty.
The case of Mrs. Amrik Kaur v. State (Delhi) (supra) referred to by the learned counsel is a case of bride burning. The patient therein had re- ceived 95% burn injuries. The Injection of Morphia (15mg) was given to the patient for relief from pain. The dying declaration was recorded and statement of the doctor was recorded to the effect that the patient was fully fit to make a statement. The statement of the doctor was, however, not believed. It was Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [14] observed that judicial notice can be taken that the patient was given a seda- tive injection and in such a condition she would not have normal alertness. In the said case, it had come in evidence that the patient therein was prescribed injection of Morphia ¼ grain equivalent to 15 mg. The doctor in the said case had made a categorical statement that it was a sedative injection given for the relief of pain and has effect about eight hours. The doctor had, however, claimed that he was not sure if it was actually given or not before recording her statement. It was claimed that whenever such an injection was given to a patient, the sister on duty usually ticked the place of prescription but there was no such mark against all the medicines. It was observed by the Hon'ble Delhi High Court that a person in a critical condition taken to the casualty would im- mediately be given the treatment prescribed by the doctor attending the pa- tient and there can possibly be no question of not doing so especially to a pa- tient who was having 95% burn injuries and taken in critical condition. Mor- phia, it was observed, was stronger than patheden and a judicial notice could be taken that a patient was given such an injection in such condition would not have normal alertness and so it would be difficult to give full credence to the statement of the doctor that she was fully fit to make a statement. In the said case, the accused were acquitted as the dying declaration of the deceased with 95% was not accepted. In present case, however, Inderjit Kaur in fact states that the fire had occurred while she was lighting the stove. She does not in any manner hold respondents No.2 to 4 liable for causing her death. Besides, there is no material on record to hold that the patient had been ad- ministered sedatives. Therefore, the ratio of the said judgment is inapplicable to the facts of the present case. Inderjit Kaur in her statement (Ex.PM) indeed Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [15] does not name or attribute any criminal intent to respondents No.2 to 4 as the persons responsible for causing her death or setting her on fire. Even if we are to hold that the statement is not liable to be taken into account, the other evidence is to be seen.
The other evidence on record is primarily the deposition of Gian Singh (PW-1) who in his initial statement (Ex.PA) states that his daughter In- derjit Kaur was harassed and troubled by the family of her in-laws but does not make a mention that she was troubled in connection with demand for dowry. It is merely stated that on one occasion his daughter and son-in-law asked for Rs.5000/- for household expenses and Gian Singh (PW-1) in the month of May, 2009 went to village Kaharpur and gave Rs.4000/- to his son- in-law Balwinder Singh (respondent No.2). While appearing as PW-1, Gian Singh stated that his daughter was married with Balwinder Singh (respondent No.2) on 07.09.2008 and at the time of marriage he gave dowry according to his status. After six months from the marriage, the accused Balwinder Singh (respondent No.2), mother-in-law Manjit Kaur (respondent No.4) and sister-in- law (jethani) Sandeep Kaur (respondent No.3) started maltreating his daugh- ter on account of dowry. They used to say that his daughter had brought in- adequate dowry and she should bring more. Balwinder Singh (respondent No.2) demanded Rs.5000/- from him in April 2009 and he gave him Rs.4000/- by going to his house. Whenever his daughter used to come to him she used to tell him that accused were maltreating and ill-treating her and asking her to bring more dowry. His daughter had come to him to spend the month of 'Sa- wan' and she disclosed that her husband was not treating her well and used to beat her and asked her to bring more dowry. She further disclosed that her Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [16] mother-in-law and sister-in-law were also compelling her to bring more dowry. After the month of 'Sawan' Balwinder Singh (respondent No.2) came to take Inderjit Kaur back. At that time, Gurdev Kaur mother of Inderjit Kaur and Ex- Sarpanch Darshan Singh made Balwinder Singh (respondent No.2) under- stand not to ill-treat his wife. Thereafter Inderjit Kaur was sent with her hus- band Balwinder Singh (respondent No.2). After about 10-12 days on 06.09.2009 at about 1.30 pm, a telephone call was received from village Ka-
harpur that Inderjit Kaur was ill and she was taken to Civil Hospital, Hoshiar- pur. On this he (PW-1) called his other son-in-law Mohinder Singh on tele- phone and he along with Mohinder Singh reached Civil Hospital, Hoshiarpur. They found her admitted in the hospital in a burnt condition. She was uncon- scious and was taken to Modern Hospital as her condition was serious. On 06.09.2009 at about 10.30 pm she died. In cross-examination Gian Singh (PW-1) stated that he got recorded to the police in his statement (Ex.PA) that the accused used to maltreat his daughter on account of dowry and they used to ask her to bring more dowry. The attention of the witness was drawn to- wards his statement (Ex.PA) wherein it was not so recorded. The attention of the witness was drawn to his statement (Ex.PA) regarding giving of Rs.4000/- to Balwinder Singh (respondent No.2) in April, 2009. In the statement (Ex.PA) it is recorded that in May, 2009 after going to village Kaharpur, Gian Singh (PW-1) gave Rs.4000/- to his son-in-law Balwinder Singh (respondent No.2). It is further stated that he served in Army for 28 years. He had studied upto 8th class. Achhar Singh of village Kaharpur was the mediator to the marriage of his daughter. The said Achhar Singh was not with Gian Singh (PW-1) when he gave Rs.4000/- to Balwinder Singh (respondent No.2). It is further stated Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [17] that he had got recorded with the police that accused Manjit Kaur mother-in- law used to ask his daughter Inderjit Kaur to bring more dowry. The attention of the witness drawn towards his statement (Ex.PA) wherein it was not so re- corded but it was recorded that she and remaining accused again started mal- treating his daughter. He had got recorded in his statement to the police that on 24.08.2009 Balwinder Singh (respondent No.2) came to take Inderjit Kaur from the house. Attention of the witness was drawn towards his statement (Ex.PA) wherein at portion A to A1 it was mentioned that Inderjit Kaur and son- in-law Balwinder Singh came to village on 24.08.2009. It is further stated by Gian Singh (PW-1) that he had got recorded in his statement (Ex.PA) that his wife and Ex-Sarpanch made the accused to understand when he came after the month of 'Sawan'. Attention of the witness was drawn towards the state- ment wherein it was not recorded. It was, however, recorded that on 24.08.2009, Inderjit Kaur and Balwinder Singh (respondent No.2) came to the house of the witness and they both made them understand. The other evi- dence is that of Paramjit Singh (PW-4) and Darshan Singh (PW-5). Paramjit Singh (PW-4) stated that Inderjit Kaur (deceased) was from his village and was married with Balwinder Singh (respondent No.2) about one year prior to her death. After 5-6 months of the marriage, Gian Singh (PW-1) father of In- derjit Kaur met him and told him that his daughter was being maltreated by her in-laws. In the month of 'Sawan' of 2009 Inderjit Kaur had come to her village to meet her parents. She along with her father came to his house and she disclosed that her mother-in-law, her sister-in-law and her husband Balwinder Singh (respondent No.2) were maltreating her and compelling her to bring money. On 06.09.2009, Paramjit Singh (PW-4) along with Inderjit Kaur and Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [18] Gian Singh (PW-1) went to their house where Balwinder Singh was present and he made him understand not to maltreat Inderjit Kaur. He assured him that he would not maltreat Inderjit Kaur. After two weeks, he came to know that Inderjit Kaur had been set ablaze. In cross-examination, it is stated by Paramjit Singh (PW-4) that he never went to the village of the accused in the shape of Panchayat. No resolution regarding maltreatment of Inderjit Kaur by the accused was passed by their Panchayat. He did not lodge any complaint with the police being Sarpanch of the village. He appeared before the police after the death of Inderjit Kaur when his statement was recorded on 26.11.2009 and before that he did not go to the police. It is stated that he did not come to hospital with Gian Singh (PW-1) but he met him in the hospital. When he had come to Civil Hospital, Hoshiarpur, Inderjit kaur was alive. Gian Singh (PW-1) was a retired army personnel. Darshan Singh (PW-5) deposed on the same lines as Paramjit Singh (PW-4). It is stated by him that at the time of marriage sufficient dowry was given. After about 6 months of the marriage Inderjit Kaur complained that her husband, mother-in-law and sister-in-law (jethani) were maltreating her for bringing more dowry. In the month of 'Sa- wan' of year 2009, Inderjit Kaur along with the three accused came to her pa- rental house. He along with other residents of the village met the accused to make him understand and not to maltreat Inderjit Kaur who assured that they would not maltreat her again. After about 15-20 days therefrom, Inderjit Kaur was lying in a burnt condition at the Civil Hospital, Hoshiarpur. In cross-ex- amination it is stated that he and Gian Singh (PW-1) both retired from the Army and they belonged to the same community. He did not know if on 05.09.2009 Gian Singh had come to Civil Hospital, Hoshiarpur where his Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [19] daughter Inderjit Kaur was admitted. He came to the Hospital after the death of Inderjit Kaur. He did not remember the date. He never advised Gian Singh (PW-1) to go to the house of the accused in the shape of Panchayat. Gian Singh (PW-1) never went to the house of the accused in the shape of Pan- chayat. He did not complain to anybody regarding maltreatment of Inderjit Kaur by the accused. Police met him on 26.11.2009 after the death of Inderjit Kaur for the first time.
It may, therefore, be noticed that Gian Singh (PW-1) in his initial statement (Ex.PA) before the Police does not make any allegation of demand for dowry. It is stated by him that his daughter was troubled and harassed by her in-laws. Death of Inderjit Kaur had occurred on 07.09.2009. However, Paramjit Singh (PW-4) and Darshan Singh (PW-5) do not go to the police nei- ther does the police record their statement till 26.11.2009. There is no expla- nation for this delay of making their statements before the police. Besides, it is the admitted position that no Panchayat had gone to the house of respondents No.2 to 4 to complain or discuss regarding the ill-treatment meted out to Inder- jit Kaur or that she was being harassed. The marriage though had been sol- emnized only one year prior to the death of Inderjit Kaur, however, there is no material from which a presumption can be drawn that soon before her death she was subjected to cruelty in connection with demand for dowry. The pre- sumption in terms of Section 304-B IPC can be raised if the victim is subjected to cruelty soon before her death in connection with demand for dowry. There- fore, independent of the dying declaration (Ex.PM) of Inderjit Kaur even there is no material to hold that respondents No.2 to 4 had been ill-treating her in Criminal Miscellaneous No.51399 of 2011 and Criminal Miscellaneous No.A-803-MA of 2011 [20] connection with demand for dowry. As such there is no merit in the criminal misc application seeking leave to appeal.
The question of delay in filing the criminal misc application seek- ing leave to appeal is in the circumstances only academic and the application seeking condonation of delay in filing the appeal is liable to be dismissed.
In the circumstances, the learned trial Court has rightly acquitted the respondents No.2 to 4 and merely because another view may be possible would be no ground to interfere with the reasoning recorded by the trial Court; besides, State has not filed any appeal against respondents No.2 to 4.
In the circumstances, there is no merit in the applications seeking leave to appeal and seeking condonation of delay and the same are accord- ingly dismissed.
(S.S. SARON) JUDGE (M. JEYAPAUL) JUDGE 26.04.2012.
A.Kaundal