Punjab-Haryana High Court
Om Parkash vs State Of Haryana on 24 October, 2014
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Appeal No.S-305-SB of 2000
Date of Decision : October 24, 2013
Om Parkash and others
....Appellants
Versus
State of Haryana
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. R.K. Verma, Advocate
Ms. Priyanka Dalal, Deputy A.G., Haryana.
T.P.S. MANN, J.
The appellants were tried for offences under Section 304-B read with Section 34 IPC and Section 498-A read with Section 34 IPC. Vide judgment and order dated 11/12.2.2000, Additional Sessions Judge-II, Jind convicted them for the aforementioned offences and sentenced them to undergo rigorous imprisonment for seven years under Section 304-B read with Section 34 IPC. They were also sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.100/- each under Section 498-A read with Section 34 IPC and in default of payment of fine, to further under rigorous imprisonment for three months. Both the substantive sentences were ordered to run concurrently. Criminal Appeal No.S-305-SB of 2000 -2-
The facts leading to the conviction and sentence of the appellants are that on 31.8.1998 at about 5.30 a.m., complainant Sham Lal made a statement before ASI Ajmer Singh, on the basis of which FIR No.242 dated 31.8.1998 under Sections 498-A, 304-B read with Section 34 IPC was registered at Police Station Sadar, Narwana. In his statement, the complainant mentioned that his sister Kiran Bala was married to accused Om Parkash about four years ago. At the time of her marriage, her father Ishwar Dayal had given sufficient dowry as per his capacity. However, accused Om Parkash started harassing Kiran Bala on the ground that her parents had not given dowry as per promise. Besides, clothes and ornaments were also not given to his parents. His parents, namely, Thandi Ram and Meli Devi also started harassing Kiran Bala on account of bringing inadequate dowry. When Kiran Bala visited the house of the complainant, she informed him about the maltreatment meted out to her by the accused and also stated that she was not happy with the behavior of the accused. She even told the complainant that instead of marrying her to accused Om Parkash, her parents should have killed her. Whenever Kiran Bala visited her parents' house, her parents and brother used to give her more Criminal Appeal No.S-305-SB of 2000 -3- articles but even then the accused kept on harassing her and giving her beatings. Kiran Bala told the complainant that either she would take poison or set herself on fire on account of maltreatment of the accused. On 30.8.1998, the complainant received information on telephone that Kiran Bala had committed suicide by setting herself on fire due to harassment at the hands of the accused. The complainant alongwith his father Ishwar Dayal and others went to the house of the accused where they found the dead body of Kiran Bala. The complainant also apprised the police that he had received letters from his sister before her death which were in his possession. He, accordingly, prayed for taking appropriate action against the accused.
During investigation of the case, ASI Ajmer Singh prepared inquest and also rough site plan of the place of occurrence. Certain dowry articles were taken into possession. The dead-body of Kiran Bala was then sent to Civil Hospital, Narwana where the doctor conducted post- mortem. All the accused were produced before the police by Ishwar Singh and they were, accordingly, arrested in the case. On 4.9.1998, the complainant produced two letters, which were taken into possession by the police. The Criminal Appeal No.S-305-SB of 2000 -4- complainant also produced list of dowry articles which was also taken into possession.
After completion of the investigation, the police presented the challan against the accused. Copies of the same were supplied to them. The case was committed to the Court of Sessions. Subsequently, the accused were charged as mentioned above, to which they pleaded not guilty and claimed trial.
In support of its case, the prosecution examined PW1 Dr. Satyawan Sharma, Medical Officer, General Hospital, Narwana, who stated that on 31.8.1998, he alongwith Dr. Mohan Lal Dhiman conducted post-mortem on the dead-body of Kiran Bala. In his opinion, the cause of death was due to extensive burns and shock which were ante-mortem in nature and sufficient to cause death in due course of time. Probable time between injuries and death was variable and between death and post-mortem 4 to 48 hours. PW2 Ram Bilas, Photographer proved photographs Exs.P-14 to P-21 and their negatives Exs.P-22 to P-29 which he had taken on 31.8.1998 after going to the place of occurrence. PW3 Tara Chand Gupta, SI/SHO deposed that after the completion of the investigation he had prepared Criminal Appeal No.S-305-SB of 2000 -5- the final report under Section 173 Cr.P.C., PW4 Mohinder Pal, Senior Teacher, Government Senior Secondary School, Dabri Kalan proved the T.C. Form of the deceased as Ex.PD, having been issued by Headmaster of the school and the witness identified the signatures. PW5 HC Balwan Singh deposed that on 31.8.1998 on receipt on ruqa Ex.PE, he recorded formal FIR Ex.PE/2. In cross-examination, he deposed that initially the offence was mentioned as Section 306 IPC but, thereafter, 304-B IPC was written over it. PW6 Constable Rajinder Kumar testified about taking the special report and delivering of the same to the Ilaqa Magistrate on 31.8.1998 at 8.15 a.m. PW7 Constable Suresh Kumar testified that he had taken the dead-body of Kiran Bala, alongwith inquest, to the hospital for getting the autopsy performed. PW8 Kuldeep Gupta, Draftsman proved the scaled site plan Ex.PG, which he had prepared on 4.9.1998 on the pointing of the complainant. PW9 Sham Lal, brother of deceased Kiran Bala, deposed on the lines of his statement Ex.PE made before ASI Ajmer Singh. He also identified the dead body of his sister at the time of post-mortem. He went on to depose that after 10/12 days of the occurrence, he had produced two letter Exs.P30 and P-31 which were received by his parents from Kiran Bala. The witness identified the Criminal Appeal No.S-305-SB of 2000 -6- handwriting of Kiran Bala on those letters. He also produced invitation card Ex.P32 and School Leaving Certificate Ex.PD. List of articles given at the time of marriage was brought on record as Ex.P33. The witness stated that his sister died due to her harassment at the hands of the accused. PW10 Ishwar Dayal, father of the deceased and PW11 Sushil Kumar, a relative of the deceased, also supported the prosecution version. ASI Ajmer Singh, who was the Investigating Officer was examined as PW12 and proved various documents, including ruqa Ex.PE, site plan Ex.PL, inquest report Ex.PC and recovery memos. Exs.PH, PF, PJ and PK.
During examination under Section 313 Cr.P.C., all the accused denied the allegations of the prosecution and pleaded false implication. Accused-Om Parkash stated that Kiran Bala was a work-shirker and always avoiding doing domestic work. His mother always asked Kiran Bala to do household work as they were not having any servant. This used to annoy Kiran Bala. After four years of the marriage when Kiran Bala was unable to give birth to a child, she became frustrated. The ladies in the neighbourhood used to call her barren. She took it to her heart and committed suicide. The parents of the deceased got a false case Criminal Appeal No.S-305-SB of 2000 -7- registered against them out of greed as the accused could not fulfill their demand for money.
In their defence, the accused examined DW1 Kamal Kant Khandelwal, Handwriting and Fingerprints Expert, who proved his report Ex.D7/18, as per which the disputed writings Exs.D1 to D6 on letters Exs.P30 and P31 were not written by the person who had admittedly written Mark A-1 to A-10 on the letters Exs.D1 to D4 of Kiran Bala.
After hearing learned counsel for the parties and going through the evidence available on the record, the trial Court came to the conclusion that it was a dowry death case as Kiran Bala was harassed by the accused for bringing inadequate dowry. Accordingly, they were convicted and sentenced, as mentioned above.
This Court has heard learned counsel for the parties and perused the evidence with their able assistance.
Learned counsel for the appellants has submitted that the appellants had neither harassed nor maltreated the deceased on account of dowry. Instead, they had been taking proper care of the deceased. On the other hand, the deceased was a work-shirker and never did any household Criminal Appeal No.S-305-SB of 2000 -8- job. She was even told to do household work by appellant- Meli Devi as there was no servant in the house and all the work was required to be done by the ladies. This used to annoy the deceased. Moreover, though four years had passed since the marriage, the deceased was not able to bear any child. The women in neighbourhood started referring her as barren which resulted in the deceased getting frustrated. On that account, she had committed suicide by setting herself on fire. Soon after the unfortunate incident, an information was conveyed to the complainant party through her brother Sham Lal. If the appellants had been at fault, they would not have conveyed the information regarding the death of Kiran Bala to her brother and, thus, the sending of the information establishes innocence of the appellants.
It has come in the evidence that it was some relative of the appellants and not the appellants themselves who had given information on phone to the brother of the deceased about commission of suicide by Kiran Bala. On receiving the information when the complainant, alongwith his father and others, went to the house of the appellants none of the appellants was present there by the side of Criminal Appeal No.S-305-SB of 2000 -9- dead-body of Kiran Bala. The dead-body was lying in a burnt condition. No attempt had been made by the appellants to shift her to a hospital. Subsequently, when the complainant made statement before ASI Ajmer Singh which led to the registration of the FIR and the police reaching the spot that the appellants appeared on the scene. Even otherwise, sending information to the brother of the deceased about the unfortunate incident by the appellants themselves would not absolve them of criminal liability as there is overwhelming evidence available on the record that the deceased used to be harassed and maltreated on account of bringing inadequate dowry. So much so, the deceased had informed her brother and father about her maltreatment at the hands of the appellants and also expressed her feelings that instead of marrying her to Om Parkash, her family members should have killed her. Even subsequently, the brother and father of Kiran Bala had been giving sufficient articles but the harassment of Kiran Bala at the hands of appellants did not abate. She had told her brother that because of her maltreatment at the hands of the appellants, she would either take poison or set herself on fire.
Criminal Appeal No.S-305-SB of 2000 -10-
The plea of the appellants that the deceased used to be a work-shirker and was also not able to conceive and because of the frustration she had committed suicide, has not been substantiated by the appellants by bringing any material on record. The ladies residing in the neighbourhood of the appellants could have been produced by the appellants in regard to the alleged frustration of deceased Kiran Bala. The onus of proving their innocence was upon the appellants especially when the prosecution had brought sufficient material on the record that the death of Kiran Bala had taken within seven years of her marriage which death was not under normal circumstances and soon before her death Kiran Bala used to be harassed and maltreated on account of bringing inadequate dowry. Putting certain suggestions to PW9 Sham Lal, PW10 Ishwar Dayal and PW11 Sushil Kumar that none of the accused had ever harassed or maltreated the deceased on account of dowry cannot absolve them of the liability. As stated above, even no witness was produced by the defence in support of their pleas.
The two letters Exs.P30 and P31 have been proved on record by PW9 Sham Lal. He identified the Criminal Appeal No.S-305-SB of 2000 -11- writing of his sister Kiran Bala as he was familiar with the same. He had also made a mention about those two letters while making his statement Ex.PE before ASI Ajmer Singh on 31.8.1998 at 5.30 a.m. It was soon after the death of Kiran Bala. Merely because these two letters were not produced at the time of making of statement Ex.PE or they were produced only on 2.9.1998, is not sufficient to hold that they were fabricated. The appellants had examined DW1 Kamal Kant Khandelwal, Handwriting and Fingerprints Expert who in his report Ex.D7/18 stated that disputed writings Mark D- 1 to D-6 were not written by the one who had written Mark A-1 to A-10. However, no reliance can be placed upon the testimony of the said witness as he admitted in his cross- examination that he had not passed any course from any school, college or university, regarding the comparison of handwriting. He also admitted that handwriting comparison was not the subject throughout his studies. It may also be worthwhile to mention here that aforementioned witness, when asked by the Public Prosecutor, deposed that Exs.P30 and P31 were neither fabricated by tracing nor by simulation. In a way, this witness practically proved the genuineness of the two letters which were received by the father of the deceased. On going through the contents of Criminal Appeal No.S-305-SB of 2000 -12- these two letter, it is established beyond doubt that the appellants had been harassing and maltreating the deceased on account of dowry.
In view of the above, this Court has no other option but to hold that the deceased used to be maltreated and harassed by the accused on account of bringing inadequate dowry. However, question will arise about the involvement of appellants Thandi Ram and Meli Devi, father- in-law and mother-in-law, respectively of deceased Kiran Bala in the crime. A perusal of the statement Ex.PE made by complainant Sham Lal, which set the law into motion, makes out that the demand for bringing more dowry was made by appellant Om Parkash. No specific allegations of making any demand by appellants Thandi Ram and Meli Devi were mentioned therein. Only general and vague allegations were levelled that the three appellants used to harass and maltreat the deceased on account of bringing inadequate dowry. Under these circumstances, this Court is of the considered view that appellants Thandi Ram and Meli Devi deserve the benefit of doubt as the prosecution has failed to established that they had committed the crime. Criminal Appeal No.S-305-SB of 2000 -13-
Resultantly, the conviction and sentence of appellant Om Parkash, as recorded by the trial Court is maintained. The conviction and sentence of appellants Thandi Ram and Meli Devi, are set aside and they are acquitted of the charges against them.
The appeal is, accordingly, disposed of.
( T.P.S. MANN )
October 24, 2013 JUDGE
satish
Satish Kumar
2014.06.13 13:07
I attest to the accuracy and
integrity of this document
Chandigarh