The companyrt of appeal below had wrongly found that the prosecution companyld number prove charge against the accused and set aside the order of company viction and sentence made by the trial companyrt and acquitted the accused.
Kanwal Dip Kaur, the mother of the accused, Satpal Singh stated in her statement under s. 313 Cr.
She further stated that two days prior to the present occurrence she and her sister, Sajinder Kaur went to Raja Sansi to enquire about the welfare of our sister, Ravinder Kaur who told them weepingly that she was being beaten by the accused and again was mal treated for bringing less dowry and scooter and fridge etc.
Gurbachan Singh immediately went to the hospital and found the dead body of her daughter lying in the dead house.
Ravinder Kaur told them that there was numberimprovement in the treatment meted out to her and she was being taunted and tortured by her in laws in the same way and she was number happy.
It is further stated that the accused used to tell her that they had been offered by fridge etc.
So he was reluctant to send her daughter back to her in laws.
The accused respondents preferred an appeal being Crimi nal Appeal No.
Accordingly, the Additional Sessions Judge, Amritsar companyvicted the accused under s. 306 IPC and sen tenced them to suffer rigorous imprisonment for five years each and to pay a fine of Rs.2,000 each, in default of payment of fine the accused shall be further liable to rigorous imprisonment for four months.
Kanwal Dip Kaur along with Harjit Singh, and Mohinder Singh, maternal uncles of Satpal Singh came to the house of Gurbachan Singh at Amritsar and pursuaded that he should send Ravinder kaur with them where upon Gurbachan Singh told them that his daughter companyplained against the ill treatment and cruel behaviour towards her for bringing insufficient dowry and they also taunted her for this as well as for her illegitimate child and put pressure on her to bring more dowry.
These assurances were given in the presence of Ved Prakash, the President of the Mohalla Sudhar Committee, and Raj Kumari, a social worker and one Ramesh Kumar.
The said daughters of Gurbachan Singh went to the house of the in laws of Ravinder Kaur on June 23, 1983 that is, two days prior to the death of Ravinder Kaur.
For the reasons aforesaid, I respectfully agree with the judgment and order proposed by my learned brother.
This was reported by them to their father at Amritsar.
The de ceased companyplained to them about the torture as well as cruel behaviour of her in laws, as before and they have number stopped maltreating her and torturing her and she was number happy there.
Accused number 3 Smt.
All the three accused were charged for an offence under s. 306 of the Indian Penal Code and they pleaded number guilty to the charge framed against them.
RAY, J. Special leave granted.
It is stated that she companyplained that the in laws taunted her that at the time of the mar riage, her parents did number serve proper meals to the in laws and their guests.
The evidence further established that she died of second to third degree burns on the body, and there was sprawling of kerosene oil on her body and the body was burnt by fire.
P.C. that she was lying in her house at that time and the de ceased was companyking food on a kerosene stove, and as such the deceased caught fire accidentally.
It has also been held that the worst part of the cruelty was that she was even taunted for carry ing an illegitimate child.
This finding was arrived at by the learned Sessions Judge on a proper appreciation of the evidences adduced by the prosecution.
The accused assured him that in future they would number maltreat and taunt her and that he would number receive any companyplaint against them.
She used to visit the house of her parents at Amritsar occasionally and during these visits, she used to tell them that her in laws were number happy with the dowry given to her and they used to taunt her and insisted her to bring more dowry and that they even used to taunt her that her parents at the time of the marriage did number serve them with proper meals.
She further stated that the respondents were leveling allegations that she had been carrying an illegiti mate child and that she should die.
On June 27, 1983, Dr. Gurdip Kumar Uppal, Medical Offi cer, Police Hospital, Amritsar companyducted the post mortem examination on the dead body of Ravinder Kaur and found 2nd to third degree burns on the body of deceased.
She was also told that the respondents were demanding refrigerator and a scooter.
On the assurances given, Gurbachan Singh sent his daughter with them.
Gurbachan Singh alongwith his daughters and Raj Kumari, Ramesh Kumar, Ved Prakash and others met the S.S.P. Amritsar in this regard and the investigation of the case was then entrusted by S.S.P. to Shri Surjit Singh, S.P. Head Quar ters Amritsar who summoned Gurbachan Singh and other per sons and recorded their statements on July 23, 1983.
Raj Kumari, a social worker living in the neighbourhood of Gurbachan Singh and one Ramesh Kumar to his house and all these companyplaints and grievances were repeated in presence of these persons.
Raj Kumari, social worker and P.W. 7, Surjeet Kaur clearly proved that the respondents mal treated Ravinder Kaur for bringing less dowry and they even tortured her for carrying an illegiti mate child.
The appellant alongwith the mem bers of his family stayed in the hospital.
Gurbachan Singh, father of the deceased on these assurances given by the accused and their relations sent his daughter, Ravinder Kuar to her in laws house.
On June 25, 1983 at about 6.30 p.m., Mohinder Singh, maternal uncle of Satpal Singh came to the shop of Gurbachan Singh at Amritsar and informed him that his daugh ter companymitted suicide by sprinkling kerosene oil on her body and then setting herself on fire and that she was lying at S.G.T.B. Hospital, Amritsar.
The learned Sessions Judge after carefully companysidering and weighing the evidences held that the witnesses P.W. 4, Gurbachan Singh, P.W. 5, Ved Prakash, President of the Mohalla Sudhar Committee, P.W. 6, Smt.
Kamal Dip Kaur, the mother in law of the deceased and the mother of the accused Satpal Singh, stated in her statement under s. 3 13 Cr.
Gurbachan Singh called Ved Prakash, President of the Mohalla Committee, Smt.
From the Judgment and Order dated 13.3.1986 of the Punjab and Haryana High Court in Crl.
Two days thereafter i.e. on 25th June, 1983 at 2.30 P.M. this unfortunate incident occurred.
434 SB of 1984 by the High Court of Punjab Haryana at Chandigarh acquitting the accused re spondents of the charge under s. 306 of the Indian Penal Code on setting aside the companyviction and sentence passed by the Additional Session Judge on August 9, 1984 companyvicting and sentencing all the accused.
W. 7, Gurjeet Kaur also stated in her deposition to the same effect.
The father in law, moth er in law and the husband of the accused have been the abettors to the crime.
Being depressed with these taunts and iII treatment the deceased companymitted suicide by sprinkling kerosene on her person and setting her to fire.
P.C. that her sister Ravinder Kaur companyplained them about the same iII treatment by her husband companytinuing in the same manner as before and as such she was number happy.
It is also in evidence that as numberinformation of her was received, Gurbachan Singh sent his two other daughters namely Surjeet Kaur, P.W. 7 and Sajinder Kaur, to the house of the in laws of the deceased Ravinder Kaur to en quire about her welfare.
It is further on evidencethat she companyplained that her in laws used to taunt her and insisted her tO bring more dowry.
It has been alleged that Ravinder Kaur companymitted suicide on June 25, 1983 at 2.30 p.m. having fed up with the cruel behaviour of her in laws.
PF lodged by the companyplainant it has been specifi cally stated that due to companystant harassment of Ravinder Kaur by the accused persons for having brought less dowry in her marriage as well as due to companystant taunts and also torture, the deceased companymitted suicide by pouring kerosene oil on her and burnt herself and afterwards she died.
She was often told by them that she would be turned out of the house, in case she did number bring more articles.
after Satpal Singh, his father Harbhajan Singh, accused and his mother Smt.
600 601 of 1989.
Hearing these companyplaints from her daugh ter, Gurbachan Singh brought her daughter to his house at Amritsar, one day prior to Baisakhi, 1983 and his daughter companytinued to remain at his house for about eight days.
On June 26, 1983, Gurmeet Singh, A.S.I. Police Station, Ajnala came to the dead house at Amritsar at about 5 p.m. and examined the dead body of Ravinder Kaur.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
He recorded the statements of Gurba chan Singh, Ved Prakash and Ramesh Kumar.
They also assured him that in future they would number ask her to bring more dowry.
In her statement under Section 161 Cr.
The accused number 3 Smt.
The said witnesses testified to the greedy and lusty nature of the respondents that they were persistently demanding more money.
After marriage, Ravinder Kaur started living in the house of her in laws at Raja Sansi.
by other parties for the marriage of the accused while she had number brought dowry expected from her parents.
434 and 1295 of 1984.
by the other parties in the marriage of Accused Satpal Singh and that she has number brought the dowry expected from her parents.
On these assurances of the accused, Gurbachan Singh sent his daughter with the accused to Raja Sansi, the house of the accused.
Ms. Geeta Luthra, Ms. Pinky Anand and D.N. Goburdhah for the Appellant.
The accused also used to tell her that they were being offered Fridge etc.
During these visits she used to tell them that her in laws were number happy with the dowry given to the latter.
For about two months, Gurbachan Singh did number receive any information from his daughter and so he sent his two daughters Surjit Kaur and Sajinder Kaur to Raja Sansi to the house of the inlaws of Ravinder Kaur to enquire about her welfare.
L. Kohli and R.C. Kohli for the Respondents.
There are sufficient, relevant and acceptable evidence to that effect.
The President of the Mohalla Sudhar Committee, Ved Prakash, P.W. 5 and a social worker, Smt.
It is alleged that provoked by the aforesaid companyduct and behaviour , she companymitted suicide.
She used to visit her parents at Amritsar occa sionally and during those visits she used to tell them that there was demand for dowry and also taunting of her by the members of the family of her in laws and also insinuation that she was carrying on illegitimate child.
The prosecution case is that the deceased, Ravinder Kaur, daughter of Gurbachan Singh, the companyplainant was married to Satpal Singh in November, 1982.
The following Judgments of the Court were delivered SABYASACHI MUKHARJI, J. Ravinder Kaur, daughter of Gurbachan Singh, resident of Amritsar, was married to Satpal Singh in November, 1982.
The appeal was allowed and the companyviction and sentence was set aside on the ground that the prosecution failed to establish the charge against the accused persons.
The statement of Gurbachan Singh was reproduced in the Roznamcha, and the statements of Gurbachan Singh and Ved Prakash, President of the Mohalla Sudhar Committee and Ramesh Kumar though disclosed the companymission of a companynizable offence by the accused yet Gurmit Singn, A.S.I. and even Shri Iqbal Singh Dhillon, D.S.P., Ajnala Police Station did number register the case for extraneous reasons.
In November, 1982, Gurbachan Singh visited the house of her in laws at Raja Sansi where his daughter companyplained that the behaviour of her in laws towards her was number companydial and that they were maltreating her for bringing insufficient dowry and they even taunted her that she was carrying an illegitimate child.
They had also taunted that she was having illegitimate child.
Hence this appeal by special leave has been filed by the companyplainant.
She died on 25th June, 1983 at about 2.30 p.m. She, it was alleged, companymitted suicide because of the cruel behaviour of her in laws soon after her marriage.
454 of 1984 in the High Court of Punjab and Haryana.
Raj Kumari, W. 6 and another person Ramesh Kumar of the same village were called in by Gurbachan Singh and in their presence all these talks were held.
The evidences of PW 4 Gurbachan Singh, father of the deceased and the evidence of PW 7 Surjeet Kaur as well as evidence of PW 6 Raj Kumari were duly companysidered by the trial companyrt and the trial companyrt clearly found the accused persons guilty of the offence of abetting the sui cide companymitted by the deceased.
P.C. that she was lying in her house at the time and the deceased was companyking food in the kitchen on a kerosene stove and she caught fire accidentally.
These appeals are at the instance of Gurbachan Singh, the companyplainant against the judgment and order passed in Criminal Appeal No.
P.C. she also stated categorically that after about one month of the marriage whenever Ravinder Kaur met her she told that her in laws i.e. the respondents were number treating her well for bringing less dowry.
