Punjab-Haryana High Court
Rajender Alias Lilu vs State Of Haryana on 1 October, 2013
Author: Mehinder Singh Sullar
Bench: Mehinder Singh Sullar
Crl.Appeal No.1042-SB of 2001 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Appeal No.1042-SB of 2001
Date of Decision:01.10.2013
Rajender alias Lilu .....Appellant
Versus
State of Haryana .....Respondent
CORAM: HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
Present: Mr.R.K.Hooda, Advocate,
for the appellant.
Mr.Sagar Deswal, Assistant Advocate General,
Haryana, for the respondent-State.
****
MEHINDER SINGH SULLAR , J.(oral) Tersely, the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, are that the marriage of appellant-Rajender alias Lilu son of Tej Ram(for brevity "the appellant") was solemnized with Raj Kumari, sister of complainant-Dharam Singh(PW3)(for short "the complainant") son of late Sh.Shanti Lal, on 30.06.1999, according to Hindu Rites and Ceremonies. Sufficient dowry articles were stated to have been given at the time of marriage, but the accused were not satisfied with the same. Soon after the marriage, they started taunting her on the ground that they were expecting the dowry articles worth `3 lacs, but her brothers had given the dowry articles of `1 lac only.
2. The case of the prosecution was that, the appellant gave Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 2 beatings and compelled her to bring motorcycle, colour TV and `30,000/- in cash from her brothers, for arranging his job. When the complainant had gone to the matrimonial home of his sister, then the accused had abused & insulted and sent Raj Kumari with them from outside of the house. When he asked his sister the reason of their insult, then she narrated that the accused had started maltreating her soon after the marriage, on account of bringing insufficient dowry. Then the complainant paid `10,000/- to the accused, to settle his sister in the matrimonial home, but the behaviour of the accused remained same. They again started maltreating her and renewed their demand of cash, motorcycle and colour TV, failing which, they threatened her with dire consequences of elimination. In the month of September, the accused had turned Raj Kumari out from the matrimonial home and asked her to bring motorcycle and colour TV, otherwise, she would face the same music. The complainant, his brothers and mother requested the accused to treat her nicely, but in vain. She stayed in her parental house till December. The mother of the complainant asked her sons to leave Raj Kumari in her matrimonial home. Consequently, the complainant and his brother Rajesh(PW4) took her to matrimonial home and paid `5,000/- to the accused, but the things did not improve.
3. The version of the prosecution further proceeds that, on 01.02.2000 (mid-night), two persons of village Gawal Pahari, came and informed the complainant that his sister was seriously ill and was admitted in the hospital at Gurgaon. Then the complainant and his brother Rajesh accompanied them. They, instead of taking to the hospital Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 3 at Gurgaon, straightway took them to village Gawal Pahari, where the accused were already present there. On enquiry, the accused threatened the complainant and his brother with dire consequences in the similar fashion, as they had hanged their sister. Then they took them to the cremation ground, where the dead-body of Raj Kumari was lying on pyre. They noticed the ligature mark on her neck and blood was oozing out from her nose and face. She was stated to have been killed by the accused, on account of demand of dowry.
4. Levelling a variety of allegations and narrating the sequence of events in detail, in all, the complainant claimed that his sister Raj Kumari was murdered by the accused on account of demand of dowry. She died an unnatural death within a period of seven months of her marriage and the accused have committed the crime of dowry death. In the background of these allegations and in the wake of complaint(Ex.PB) of the complainant, the present criminal case was registered against appellant-Rajender alias Lilu(husband), Tej Ram son of Lambu Ram and his wife Mukandi(parents-in-law) of the deceased, vide FIR No.35 dated 02.02.2000(Ex.PE), on accusation of having committed the offences punishable under Sections 498-A, 304-B and 201 IPC, by the police of Police Station DLF(Q.E.), Gurgaon, in the manner depicted here-in- above.
5. After completion of the investigation, final police report (challan) was submitted by the police against them to face the trial for the pointed offences.
6. Having completed all the codal formalities, the appellant Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 4 and his parents & other co-accused were charge-sheeted for the commission of offences, in question. As, they did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution by the trial Court.
7. Sequelly, the prosecution in order to substantiate the commission of crime against the accused, examined complainant-Dharam Singh as PW3, who has deposed in the following terms:-
"Raj Kumari deceased was my sister. Raj Kumari was married to Rajender alias Leelu accused present in the court on 30.6.99 according to Hindu rites. I had given dowry in the marriage as per my capacity. During her very first visit, she complained that Rajender, Tej Ram and Mukandi were not satisfied with the dowry and taunted her. They told Raj Kumari that Rajender was an educated person and dowry worth Rs.3 lakhs was required to be given. However, the less dowry has been given and to meet the said demand otherwise she should be taken away. The said fact told to us when myself and my brother Rajesh had gone to fetch her after marriage. During our visit at the house of the accused, all the three accused asked myself and my brother Rajesh that coloured T.V. Motorcycle and Rs.30,000/- should be given otherwise they would not keep Raj Kumari in their house. Thereafter we had brought our sister to our house. After about 15 days, she was sent to the matrimonial home along with Rs.10,000/- and myself and Rajesh went along with her to drop her in the matrimonial home. However, in spite of giving Rs.10,000/- there was no improvement in the behaviour of the accused and they continued harassed Raj Kumari on account of insufficient dowry. They again repeated their demand of motorcycle, coloured T.V. and Rs.30,000/- cash. Thereafter, accused Rajender alias Leelu had dropped Raj Kumari again at our house somewhere little prior to Sept., 1999. After returning to our house Raj Kumari narrated the entire ordeal to us. Rajender had left her at our house while saying until and unless their demand is not met they will not keep Raj Kumari. Myself, my mother and my brothers tried to persuade Rajender but Rajender paid no heed to our request. Again in the month of December, on the asking of my mother, I, alongwith Rajesh dropped Raj Kumari again in the house of the accused and at that time a sum of Rs.5,000/- was paid to the accused. In the month of December, Raj Kumari was having a pregnancy of four months. There was no change in the behaviour of the accused despite having paid Rs.5,000/-. On 1.2.2000 at about 12.00 mid night, Horam alongwith another person came to our house at village Sihi and they informed us that my sister was admitted in G.H.Gurgaon and they requested us to accompany them. Myself and Rajesh accompanied them and they in spite of taking us to G.H. Gurgaon, they diverted their vehicle towards village Gawal Pahari. We had asked them that Gurgaon falls other side and why they were taking us towards village Gawal Pahari. Thereupon Horam and other person asked us to keep silent. When we were little short of village Gawal Pahari they stopped the vehicle and asked me and my brother Rajesh to get down from the vehicle and at that time they were 5-6 other persons were present over there.Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 5
After dropping us Horam and the persons accompanied him left us in the custody of 5-6 persons who were found present at the spot and those 5-6 persons forced us to remain sitting with them for about two hours. They threatened us that if in case we raised any alarm, we would be hanged to death like our sister Raj Kumari. Thereafter, those persons took us to cremation ground where dead body of Raj Kumari was found lying on the pyre. On our repeated request we were allowed to see the face of our sister Raj Kumari and at that time, we noticed blood in the nostril of Raj Kumari and there was ligature mark on the neck. Dead body of Raj Kumari was then cremated in our presence, however, we made repeated request not to cremate the dead body as we wanted the dead body to the post-mortem. Thereafter I went to the police station where I submitted application Ex.PB which bears my signature."
8. Likewise, PW4-Rajesh, another brother of the deceased, has corroborated the prosecution version. Instead of reproducing his entire statement and in order to avoid the repetition, suffice it to say that he has also testified the statement of his brother PW3-Dharam Singh, on all vital counts.
9. Similarly, PW1-C-Sharwan Kumar has prepared the scaled site plan(Ex.PA) of the spot with its correct marginal notes. PW2-SI Vijay Singh has prepared the final police report(challan) after completion of the investigation in this case. PW5-HC Gangabir is a formal witness, who has only tendered into evidence his affidavit(Ex.PD) to complete the chain of link evidence. PW7-SI Madan Lal has arrested the appellant and his mother Mukandi in this case.
10. The last to note is the testimony of PW6-ASI Charan Singh, the main investigating officer, who has maintained that on 02.02.2000, complainant-Dharam Singh had come to the police station and moved the complaint(Ex.PB), on the basis of which, he recorded the formal FIR (Ex.PE). Thereafter, he went to the place of occurrence in village Gawal Pahari and prepared the rough site plan(Ex.PF). Then he visited the cremation ground, collected and sealed the bones & ashes of the deceased Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 6 in a plastic bag, which were taken into possession by way of recovery memo(Ex.PC). He has also recorded the statements of the witnesses. On reaching the police station, he deposited the case property with MHC. He further deposed that on the next day i.e. 03.02.2000, he again visited the village Gawal Pahari, where Raghu Nath, Member Panchayat, had produced before him Tej Ram accused. He took into possession the dowry articles by means of recovery memo(Ex.PG). He has also recorded the statements of the remaining witnesses and deposited the dowry articles with MHC on the same day.
11. After the close of the prosecution evidence, the statements of the appellant and acquitted accused were recorded. The entire incriminating material/evidence was put to enable them to explain any circumstance appearing against them therein, as contemplated under section 313 Cr.PC. However, appellant-husband Rajender @ Lilu has denied the prosecution evidence in its entirety and pleaded false implication in the following manner:-
"I am innocent. We did not demand any dowry nor we subjected the deceased to any cruelty. She was married with me against her wishes. She wanted to get married with someone else at some other place. She committed suicide of her own. After her death, her brother Rajesh and Dharam Singh and their brother-in-law Ballu were called and they all gave their consent before whole of the village that they do not want any action and the deceased may be cremated and a writing was prepared with the consent of whole of the village and deceased was cremated. Dharam Singh and Rajesh had also given their affidavits that there had not been any fault of the accused in this incident."
12. In the same sequence, the remaining accused have also adopted the same line of defence. They, in order to prove their defence version, have examined DW1-Madan Lal son of Todar Mal, who has stated that Raj Kumari wife of the appellant committed suicide after Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 7 hanging herself. Many persons had collected there. He was also present there. Dharam Singh, Rajesh, brothers of Raj Kumari and one Ballu were also called. They reached at about 2.00 AM in the night. They have not expressed any grievance against the accused and the deceased was cremated. The writing(Ex.DD) was prepared in this regard, which was signed by them. Neither there was any demand of dowry nor any Panchayat was convened. After 1½ months of the occurrence, Dharam Singh, Rajesh and Suresh Sarpanch, visited the village. Dharam Singh and Rajesh had given their affidavits(Exs.DA & DB) to that effect. The evidence of DW2-Raghu Nath is also to the same effect. DW3-Alok Yadav, Oath Commissioner, has proved the affidavits(Exs.DA & DB) of Dharam Singh and Rajesh, attested by him and entered in his Register vide entry No.743 on 24.03.2000. This is the total evidence brought on record by the parties.
13. Taking into consideration the entire evidence brought on record by the parties, accused Tej Ram and Mukandi(parents-in-law of the deceased) were acquitted of all the charges, whereas appellant- Rajender alias Lilu (husband) was also acquitted of the charge under Section 201 IPC. The State of Haryana did not file any appeal to challenge their acquittal. At the same time, appellant-Rajender alias Lilu (husband) was convicted and sentenced to undergo rigorous imprisonment(for short "RI") for a period of ten years, on accusation of having committed an offence punishable under Section 304-B IPC; to undergo RI for a period of two years, to pay a fine of `2,000/- and in default thereof, to further undergo RI for a period of three months, for the Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 8 commission of an offence punishable under Section 498-A IPC. However, both the sentences were ordered to run concurrently, by virtue of impugned judgment of conviction dated 25.08.2001 and order of sentence dated 29.08.2001 by the trial Court.
14. Aggrieved thereby, the appellant has preferred the instant appeal. That is how, I am seized of the matter.
15. After hearing the learned counsel for the parties, going through the evidence on record with their valuable assistance and after considering the entire matter deeply, to my mind, there is no merit in the instant appeal in this context, as regards, the conviction of the appellant is concerned.
16. Ex facie, the argument of the learned counsel that there is no evidence on record, to prove that the deceased was treated with cruelty in connection with and on account of demand of dowry soon before her death and the trial Court committed a legal mistake, to convict the appellant, is neither tenable nor the observations of the Hon'ble Apex Court in case Sham Lal Versus State of Haryana, 1997(3) R.C.R. (Criminal) 85 and of Delhi High Court in case State Versus Sohan Lal and others, 2012(2) R.C.R.(Criminal) 307, are at all applicable to the facts of the present case, wherein on the peculiar facts and special circumstances of those cases, it was observed that if there is no evidence that the deceased was harassed on account of demand of dowry soon before her death and generic statements that the deceased was given beatings without specifications that how the deceased was harassed, would be insufficient to hold that she was treated with cruelty within the Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 9 meaning of Section 498-A IPC.
17. Possibly, no one can dispute with regard to the aforesaid observations, but to me, the same are not at all applicable, as the facts of those cases were entirely different. Moreover, the principal of law in a previous criminal decision has to be considered in the background of factual scenario. In criminal cases, the question of precedent relating to the appreciation of evidence is indeed of no consequences. Every criminal case has to be decided keeping, its real factual matrix and individual peculiar facts and special circumstances emitting from the evidence on record, into focus. The above-mentioned observations would not come to the rescue of the appellant in the present controversy, having different scenario for the reasons mentioned here-in-below.
18. In the instant case, the appellant was convicted for the commission of dowry death. Section 304-B IPC enumerates that "Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death." Similar is the provision of offence punishable under Section 498-A IPC as well.
19. Therefore, a conjoint and meaningful reading of these provisions, would reveal that the prosecution is legally required to prove the following essential ingredients before invoking the provisions of Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 10 Sections 304-B and 498-A IPC:-
(i) The death of wife should be caused by burns or bodily injury or otherwise than under normal circumstances;
(ii) Such death should have been occurred within seven years of the marriage;
(iii) She must have been subjected to cruelty or harassment by her husband or any relative of her husband; and
(iv)Such cruelty or harassment should be for or in connection with demand of dowry.
(v) Such cruelty and harassment was made soon before her death.
20. What cannot possibly be disputed here is that the marriage of the appellant was solemnized with the deceased on 30.06.1999. She died an unnatural death within a period of seven months of her marriage. Thus, the initial two premises of dowry death stand established on record.
21. Above, being the legal position and evidence on record, now the core controversy, which invites an immediate attention of this Court, and that arises for determination in this appeal is, as to whether the indicated 3rd and 4th essential ingredients are complete or not?
22. Having regard to the rival contentions of the learned counsel for the parties, to me, the prosecution has successfully proved all the pointed ingredients of the offences in question.
23. As is evident from the record that complainant Dharam Singh, is brother of the deceased and is main witness of the prosecution, who has put the police machinery into motion. He while appearing as PW3 has, inter alia, maintained on oath that, although sufficient dowry articles were given at the time of the marriage as per his capacity, but the appellant was not satisfied with the dowry and taunted his sister Raj Kumari. They (accused) told her that the appellant is an educated person Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 11 and dowry worth `3 lacs was required to be given, but they have only spent about `1 lac. PW4 has also specifically listed the events of cruelty and demand of dowry by the accused. Indeed PW3 and PW4 have duly supported the prosecution version on all vital aspects of the relevant matter.
24. However, the celebrated argument of the learned counsel that, there is no evidence of demand of dowry soon before her death, lacks merit as well. PW3 and PW4 have clearly maintained on oath that about 15 days prior to the present occurrence, Raj Kumari (deceased) had come to her parental house and narrated the entire tale of woe. They (PW3 and PW4) had taken her to the matrimonial home and gave `10,000/-, but in spite of giving `10,000/-, there was no change in the behaviour of the accused. They continued harassing her on account of insufficient dowry. They again repeated their demand of colour TV, motorcycle and `30,000/- in cash. Unfortunately, she died within a period of seven months of her marriage and the demand of dowry & cash continued till her death.
25. That means, it stands proved on record that the accused had treated the deceased with cruelty in connection with and on account of demand of dowry soon before her death. Although, there is a legal presumption under Section 113-B of the Indian Evidence Act(for short "the Act"), but still, there is ample positive evidence of PW3 and PW4 against the appellant on record. Moreover, appellant and the deceased were residing as a husband and wife under the same roof. She died unnatural death in his house. In that eventuality, it was the duty of the Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 12 appellant to reasonably explain the reason as to how and in what manner, she died in his house and what prompted her to commit suicide, which he has utterly failed to do so in this relevant context. Above all, the demand of motorcycle, colour TV and cash of `30,000/- can only originate from the mouth of the husband, who individually might be interested in enhancing his status by dowry articles. There is direct evidence on record that the appellant used to harass, beat and treat the deceased with cruelty in connection with and on account of demand of dowry even soon before her death.
26. Faced with the situation, learned counsel then urged that since PW3 and PW4 have sworn the affidavits(Exs.DA & DB) and executed writing(Ex.DD) that the deceased had died of her own and the appellant cannot be held guilty, lacks merit as well, deserves to be ignored for more than one (following) reasons. At the first instance, the original affidavits have not seen the door of the court. The appellant has produced on record only undated photostat copies of the affidavits (Exs.DA & DB), purported to have been attested on 24.03.2000 by DW3- Alok Yadav, Oath Commissioner. But, to my mind, no implicit reliance can be placed on undated photostat copies of the affidavits. Secondly, it is highly improbable to believe that on 02.02.2000, PW3 and PW4 would report the matter to the police immediately after following the day of death of their sister against the appellant. On the contrary, they would sworn affidavits on 24.03.2000(i.e. after 1¾ months of the occurrence) or execute writing(Ex.DD) and exonerated him. Even, the original affidavits were not the part and parcel of the judicial record and their copies were Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 13 put to PW3 and PW4 only for the first time during the course of their cross-examination. Moreover, they(PW3 & PW4) have stoutly denied their contents on the plea that their signatures might have been obtained by the appellant on some blank papers. These photostat copies of vague, undated and unproved affidavits and writing have got no direct bearing and are not at all relevant and sufficient to discard the natural substantive evidence of PW3 and PW4, as contrary urged on behalf of the appellant.
27. Likewise, the next submission of the learned counsel for the appellant that the statements of PW3 and PW4 do not find any corroboration by independent source, sans merit as well. It is not a matter of dispute that PW3 and PW4 are real brothers of the deceased. The newly wedded girl cannot possibly be expected to make her misfortune publicly known in rustic and traditional society. Such evidence of physical and mental torture can only be gathered and come from the mouth of parents or brothers. In such matrimonial disputes, no outsider is expected to participate or had the knowledge of such discord, particularly when, the deceased had died within a period of seven months of her marriage. Hence, the contrary contentions of the learned counsel for the appellant "stricto sensu" deserve to be and are hereby repelled under the present set of circumstances.
28. This is not the end of the matter. The perusal of evidence on record would reveal that on 01.02.2000 at about 12.00 midnight, Horam along with one other person came to the house and informed the complainant that his sister was admitted in G.H.Gurgaon. They requested them to follow them. Thereafter PW3 and PW4 accompanied them. Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 14 They, instead of taking to the General Hospital, Gurgaon, straightway took them to village Gawal Pahari, where they were detained and threatened with dire consequences by the villagers. Then 5-6 persons took them(PW3 & PW4) to cremation ground, where the dead-body of Raj Kumari was found lying on the pyre. Meaning thereby, even the appellant has not cared to immediately inform the complainant(PW3), PW4 or any other family member about the death of their sister and took the dead-body for cremation in the cremation ground in their absence. Their this unnatural conduct would naturally raise an accusing finger towards the guilt of the appellant in this relevant behalf.
29. At the same time, the line of defence adopted by the appellant that he has been falsely implicated is ridiculous, does not inspire confidence and outrightly deserves to be rejected in the absence of any cogent evidence on record in this respect. The crux of the defence evidence is that the deceased had committed suicide and died of her own. Assuming for the sake of arguments(though not admitted), if the deceased had died of her own, still the appellant cannot escape his liability as she died an unnatural death in her matrimonial home within a period of seven months of her marriage and it is established on record that she was treated with cruelty in connection with and on account of demand of dowry as mentioned above. In this manner, although there is acceptable and reliable evidence of PW3 and PW4 in this relevant connection, but still the legal presumption as contemplated under Section 113-B of the Act is fully operational against the appellant as well.
30. Thus, it would be seen that the story of the prosecution is Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 15 very much probable and natural. It stands proved on record by cogent evidence of PW3 and PW4 that Raj Kumari had died an unnatural death within a period of seven months of her marriage in the matrimonial home. Even soon before her death, the appellant demanded colour TV, motorcycle and `30,000/- in cash and treated her with cruelty in connection with and on account of demand of dowry. The chain of link evidence is complete in this regard. The investigating officer has testified his entire investigation. The evidence of PW3 and PW4 is cogent and worthy of credence. No motive could possibly be attributed to them as to why they would falsely implicate the appellant. They were cross- examined at length, but no substantial material could be elicited in their searching cross-examination, which would persuade the court to disbelieve these witnesses. They gave a vivid and consistent version of the occurrence and supported the prosecution story on all vital counts.
31. Therefore, if the matrix of the evidence oozing out from the record as discussed here-in-above, is put together then the conclusion is inescapable and irresistible that, it stands proved on record that the appellant has treated the deceased with cruelty in connection with and on account of demand of dowry soon before her death and he has committed the dowry death. The trial Court has rightly convicted him for the commission of offences punishable under Sections 304-B and 498-A IPC.
32. Be that as it may, the last contention of the learned counsel that since the appellant was 23 years of age at the time of occurrence and is not a previous convict, so, there are sufficient grounds and a large scope of reduction in the period of sentence of imprisonment, has Rani Seema S 2013.10.08 11:20 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.Appeal No.1042-SB of 2001 16 considerable force. This factual position is duly acknowledged by the learned State counsel. To my mind, it would be in the interest and justice would be sub-served, if the sentence of imprisonment for a period of ten years imposed on the appellant by the trial Court, is reduced to the minimum period of seven years as prescribed under Section 304-B IPC, inter-alia, on the following grounds:-
i) The occurrence in this case is of 01.02.2000 and he has already faced the pangs and suffered the agony of protracted trial & appeal for the last more than 13 ½ years.
ii) He was 23 years of age at the time of incident.
iii) He is a first offender and is not a previous convict.
iv) He has to look after his poor & old parents.
33. In the light of aforesaid reasons, as there is no merit, therefore, the instant appeal is dismissed. Consequently, the impugned judgment of conviction for the commission of an offence punishable under Section 304-B IPC and judgment of conviction and order of sentence of fine under Section 498-A IPC are maintained. However, the impugned order of sentence of imprisonment, on accusation of having committed an offence punishable under Section 304-B IPC is hereby modified to the extent and in the manner indicated here-in-above.
Needless to mention that the necessary compliance and procedural consequences would naturally follow. At the same time, the Chief Judicial Magistrate is directed to secure the presence forthwith and commit the appellant to jail to serve out the remaining portion of his sentence.
October 01, 2013 (MEHINDER SINGH SULLAR)
seema JUDGE
Whether to be referred to reporter? Yes/No
Rani Seema S
2013.10.08 11:20
I attest to the accuracy and
integrity of this document
High Court Chandigarh