Punjab-Haryana High Court
Onkar Singh And Another vs State Of Punjab on 3 May, 2010
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Criminal Appeal No. 619-SB of 2002 1
In the High Court of Punjab and Haryana, at Chandigarh.
Criminal Appeal No. 619-SB of 2002
Date of Decision: 3.5.2010
Onkar Singh and Another
...Appellants
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Bipan Ghai, Senior Advocate
with Mr. Sandeep Gehlawat, Advocate
for the appellants.
Mr. Mehardeep Singh, Deputy Advocate
General, Punjab, for the respondent.
Kanwaljit Singh Ahluwalia, J. (Oral)
Onkar Singh along with his mother Kartar Kaur was convicted by the Court of Additional Sessions Judge, Hoshiarpur, vide its judgment dated 6.4.2002, for the offence under Section 304-B IPC and vide a separate order of even date, they were sentenced to undergo rigorous imprisonment for a period of seven years each, in case FIR No. 18 dated 15.2.2001, registered at Police Station Mukerian, District Hoshiarpur, under Section 304-B IPC.
In this appeal, the judgment of conviction and order of sentence, awarded by the Court of Additional Sessions Judge, Hoshiarpur, is under challenge.
Paramjit Kaur, wife of Onkar Singh, appellant, was found dead Criminal Appeal No. 619-SB of 2002 2 in her matrimonial house on 15.2.2001 as a result of hanging. It was second marriage of both Paramjit Kaur and Onkar Singh, appellant, which was solemnized on 21.11.1999.
To gather the facts, it will be necessary to refer to Ex.PD, a statement made by Amarjit Singh, brother of Paramjit Kaur, recorded by PW.8 Raminder Singh, Sub Inspector, wherein he stated that he was a resident of village Mehatpur, Police Station Mukerian and was posted on security duty as a Commando in the Police Department at Punjab National Bank, Pathankot. They were two brothers and two sisters. The elder sister Kamaljit Kaur was married with Jaspal Singh resident of Benial, Police Station Dasuya and the younger was Paramjit Kaur, who was married in March 1992 with Manjit Singh son of Karam Chand. Since Paramjit Kaur had not given birth to any child, she was divorced. Lateron, Paramjit Kaur was married with appellant Onkar Singh on 21.11.1999, whose first wife had died leaving behind one daughter Rammi aged about five years and a son Mandeep aged about 3½ years. Rattan Chand, father of the complainant, died on 30.12.2000. His mother Piar Kaur died on 12.2.2001. After a few days of the marriage, appellants Onkar Singh and his mother Kartar Kaur started harassing Paramjit Kaur and were compelling her to part with Rs.90,000/- which she had obtained in lieu of permanent alimony from her previous husband. Four/five months ago, Paramjit Kaur, on telephone, informed her uncle (Chacha) Gian Chand that when she would be killed then for what they would come to ask for her welfare. Upon this, uncle (Chacha) Gian Chand and aunt (Chachi) Surjit Kaur came to the matrimonial home to Paramjit Kaur at Kala Manjh. Paramjit Kaur gave birth to a son Criminal Appeal No. 619-SB of 2002 3 in December 2000. Due to death of his father, they could not visit the matrimonial home of Paramjit Kaur. Both the appellants taunted her. On 12.2.2001, Manjit Singh, brother of the complainant and the sister had gone to the matrimonial home of Paramjit Kaur where they found that the appellants were quarreling with her for not withdrawing the amount. Due to the death of mother, the complainant could not visit his sister. On 15.2.2001, an information was received that Paramjit Kaur had died. The complainant visited the matrimonial home of his sister and found her hanging on the hook of ceiling fan. A suspicion was expressed that Paramjit Kaur had died due to hanging because of cruel treatment of the accused/appellants. On the basis of statement Ex.PD, made by the complainant, a formal FIR Ex.PD/2 was recorded.
The abovesaid FIR was investigated and the report under Section 173 Cr.P.C. was submitted.
The case was committed along with the accused to the Court of Sessions and was entrusted for trial to the Court of Additional Sessions Judge, Hoshiarpur.
On 1.6.2001, the charge for the offence under Section 304-B IPC was framed against the appellants. The charge stated that on 15.2.2001 at about 3.00 P.M., in the area of village Kala Manjh Kothi, Paramjit Kaur died under the circumstances which were other than normal and Onkar Singh being husband and Kartar Kaur being mother- in-law of Paramjit Kaur, within a period of seven years, subjected her to cruelty and harassment, in connection with the demand of dowry. Both the appellants pleaded not guilty and claimed trial.
PW.1 Dr. Malkiat Ram, Medical Officer, Civil Hospital, Criminal Appeal No. 619-SB of 2002 4 Mukerian, had conducted the post mortem on the dead body of deceased Paramjit Kaur. In the post mortem, the following condition of the deceased was noticed:-
"...The meninges and brain are congested. The pleurae is congested with patecheal haemorrhages. Thyroid cartilage fractured. Trachea is round in shape, 1 cm in diameter. It is congested and tardau's spots are present. Lungs are congested. Pericardium is healthy. Right side of head is full and dilated. Left side is shrinked. Length of body was 5'-5" and pupils were dilated. Post mortem lividity was present on buttock and back. Rigor mortis was present in all the four limbs. Ligature mark is 9" in length 1" broad in the upper part of neck. Moon shaped. Colour of the ligature mark was brown. It was depressed and situated between the chin and larynx, directed obliquely upwards and backwards towards the mastoid. Peritoneal was congested. Other organs were healthy. Mouth was clenched, pharynx and oesophagus congested. Stomach was empty. Small intestine was containing body secretions. Large intestine containing fetal matter.
Liver and spleen was cynosed. Organ of regeneration normal and uterus was empty". According to this witness, the cause of death was hanging, which was ante mortem in nature. He was not subjected to any cross- Criminal Appeal No. 619-SB of 2002 5 examination. Therefore, the cause of death was accepted by the defence.
PW.5 Amarjit Singh, complainant, reiterated as to what was stated in the FIR. He further stated that the dead body was tied by a chunni with the ceiling fan. The various entries made in the pass book of Paramjit Kaur were put to him. He admitted that after the divorce, out of Rs.90,000/-, Paramjit Kaur had deposited Rs.65,000/- in the bank account and with the remaining amount of Rs.35,000/-, she got prepared gold ornaments at the time of her second marriage. He further stated that he had not noticed as to whether any amount was withdrawn from the bank account. He further stated that in December 2000, a male child was born to Paramjit Kaur, prior to the death of his father. On 12.2.2001, his brother Manjit Singh visited the matrimonial house of Paramjit Kaur and on the same day, his mother had expired.
PW.6 Manjit Singh, another brother of Paramjit Kaur, reiterated as to what was stated by his brother PW.5 Amarjit Singh.
PW.7 Gian Chand, uncle (chacha) of deceased Paramjit Kaur, stated that Rs.90,000/- was received by her towards compensation from the first husband and later she was married with appellant Onkar Singh. In September 2000, he had visited the matrimonial house of deceased Paramjit Kaur, on receipt of telephonic call and made the appellants understand to live happily with her. He further stated that the marriage performed was simple.
PW.2 Joginder Pal, Patwari Khichian Halqua, had prepared the scaled site plan Ex.PB.
PW.3 Arjan Singh, Sarpanch of the village had gone at the Criminal Appeal No. 619-SB of 2002 6 spot and found Paramjit Kaur hanging.
PW.4 Om Dutt, Photographer, proved the photographs Ex.P5 to Ex.P8 and the negatives thereof as Ex.P1 to Ex.P4.
PW.8 Raminder Singh, Sub Inspector, proved the various facets of the investigation.
Thereafter, the prosecution had closed its evidence. The statements of accused, under Section 313 Cr.P.C., were recorded. All the incriminating circumstances put to the appellants were denied by them and they pleaded false implication.
Appellant Onkar Singh gave the following version:-
"I am innocent and have been falsely implicated in this case. I never demanded any dowry from Paramjit Kaur nor maltreated for demand of dowry. I never demanded Rs.90,000/- from her as alleged.
In fact when she received Rs.90,000/- from the court only Rs.65000/- deposited in the Bank and remaining amount was spent by the PW Paramjit Kaur and Manjit Singh. They were also pressing her for bringing remaining amount.
She was also not happy with the children of previous marriage and on account of that reason there had been a dispute in the house. When a child was born to her, she flatly refused to bring up the children of previous wife.
Her father died in December, 2000 and Criminal Appeal No. 619-SB of 2002 7 her mother had died on 12.2.2001 and due to that reason and due to above reasons, she remained under depression and threatening me for committing suicide. I always keep her nicely".
In defence, Captain Gian Chand was examined as DW.1. He stated that appellant Onkar Singh was having two children from his first marriage and deceased Paramjit Kaur was living happily with him.
DW.2 Gian Chand son of Babu Ram stated that the marriage of Paramjit Kaur with Onkar Singh was simple one.
Sham Lal, who was residing at a little distance from the house of the appellant, has also stated that Paramjit Kaur was living happily with the appellants.
Learned counsel for the appellants has submitted that the prosecution witnesses are not truthful. He further submitted that it was stated in the FIR that Paramjit Kaur had received Rs.90,000/- and the same was deposited in the bank account. However, in cross- examination PW.5 Amarjit Singh stated that only Rs.65,000/- was deposited in the bank and Rs.35,000/- was spent by Paramjit Kaur at the time of her second marriage for purchase of gold jewellery. He further submitted that the statement made by the complainant party that on 12.2.2001 PW.6 Manjit Singh along with his sister had visited the matrimonial house of deceased Paramjit Kaur is also not borne out from the record as on the same day, mother of the deceased had died. It is further submitted that the entries made in the pass book of Paramjit Kaur reveal that at the time of her death only Rs.35,000/- were lying deposited in her bank account. It is further submitted that there is no Criminal Appeal No. 619-SB of 2002 8 specific allegation against appellant Kartar Kaur, who, at the time of occurrence, was aged about 75 years and being at the fag end of her life, she had nothing to gain from the demand of dowry. Lastly, it is submitted that even if the allegations are taken on its face value, no demand of dowry is made out.
Learned counsel for the State has submitted that the testimonies of PW.5 Amarjit Singh, PW.6 Manjit Singh and PW.7 Gian Chand aspire confidence and the trial Court had rightly convicted and sentenced both the appellants.
Deceased Paramjit Kaur died within seven years of her marriage. Her death was unnatural. All the witnesses have stated that she was being harassed, tortured and compelled to withdraw the amount which she had kept in her bank account. It has come in the cross examination of PW.5 Amarjit Singh that deceased Paramjit Kaur had deposited Rs.65,000/- in her bank account and when she died, the balance was Rs.35,000/-. Therefore, it can be safely inferred that at the bidding of accused-appellants she was withdrawing the money from her bank account. In December 2000, Paramjit Kaur had given birth to a male child and in February 2001, she committed suicide. One of the witnesses has stated that he could not visit the deceased sister to see the newly born child. From the conduct of the accused-appellants, as stated by the witnesses, it is evident that their expectations were not being fulfilled. Therefore, the ingredients of offence under Section 304-B IPC are made out. However, there are omnibus and generalized allegations against mother-in-law Kartar Kaur, who, at the time of occurrence, was aged about 75 years.
Criminal Appeal No. 619-SB of 2002 9
In Kans Raj v. State of Punjab and Others AIR 2000 Supreme Court 2324, Hon'ble the Apex Court observed as under:-
"For the fault of the husband, the in-laws or the other relations cannot, in all cases, be held to be involved in the demand of dowry. In cases where such accusation are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. By mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case".
Taking into consideration the whole gamut of the case, this Court is of the opinion that benefit of doubt can be extended to Kartar Kaur, mother-in-law of deceased Paramjit Kaur and accordingly appeal qua her is accepted. Her conviction and sentence are set aside. She is acquitted of the charges. However, the conviction and sentence Criminal Appeal No. 619-SB of 2002 10 awarded to appellant Onkar Singh are maintained and appeal qua him is hereby dismissed.
(Kanwaljit Singh Ahluwalia) Judge May 3, 2010 "DK"