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2002 DIGILAW 367 (PNJ)

Rameshwar Dass v. State Of Punjab

2002-04-04

ADARSH KUMAR GOEL

body2002
Judgment Adarsh Kumar Goel, J. 1. The case of the prosecution is that accused Rameshwar Dass was married to deceased Sushma Rani on 11.3.1986 i.e. two and a half year prior to the date of the incident, which took place on 5.6.1988. The accused demanded a sum of Rs. 40,000/- from the deceased and on her failure to do so, used to insult and beat her. She complained to her father about 15 days prior to the date of the incident. On 4.6.1988, Sat Pal, PW-1 brother of the deceased, visited the house of his sister and on the next day, he alongwith his brother-in-law Raj Kumar, PW-2 visited the house of the accused and found the accused quarrelling with the deceased on demand of Rs. 40,000/-. At 9.00 A.M. Sat Pal and Raj Kumar went away and when the returned 3/4 hours later, they found the house locked from outside and they came to know that Sushma deceased had consumed something and had been taken away to the hospital. On reaching the hospital, they came to know that she had died. FIR was registered on the basis of statement of Sat Pal and after investigation, the accused was arrested on 12.6.1988 and was sent up for trial. 2. Shri Balbir Singh, PW-3 stated that the deceased was brought in the emergency ward with the history of intake of poison and he had sent message Ex. PC to the SHO regarding the death of Sushma. Dr. S.K. Gupta, PW-4 conducted the post mortem on 6.6.1988 at 9.00 A.M. and according to him, the cause of death was aluminium phosphide poison. PW-6 Anup Krishan, Branch Manager of State Bank of Patiala stated that a demand draft for Rs. 25,000/- was issued in favour of Des Raj (father of the deceased) payable at Mansa. PW-7 G.S. Mann, Manager of State Bank of Patiala, GNDTP Bathinda deposed that the above draft was encashed by this branch and a draft for Rs. 5000/- was encashed by Rameshwar Dass. 3. The accused examined DW-1 Joginder Singh Bedi, who was a co-tenant at Bathinda, who also produced Ex. D-1 to Ex. D-17, which are the letters written by the deceased, to show that the relation between the deceased and the accused were cordial and on the fateful day, the deceased was removed to the hospital after she started vomitting at about 11.A.M. 4. D-1 to Ex. D-17, which are the letters written by the deceased, to show that the relation between the deceased and the accused were cordial and on the fateful day, the deceased was removed to the hospital after she started vomitting at about 11.A.M. 4. The trial Court held that the prosecution case was proved. The trial Court relied on Section 113-B of the Indian Evidence Act read with Section 498-A of the Indian Penal Code (for short, the Code) rejecting the version of the accused that it would bve a case of suicide and also the evidence of the defence witness DW-1 Joginder Singh Bedi. 5. I have heard counsel for the parties and perused the evidence and record. 6. Counsel for the appeallant submitted that there was no evidence to show that the deceased was subjected to cruelty or harassment in connection with the demand of dowry. 7. Counsel for the State submitted that from the evidence of PW-1 Sat Pal and PW-2 Raj Kumar, it is clear that the accused had demanded a sum of Rs. 40,000/- and about 15 days prior to the occurrence, accused Rameshwar Dass and deceased Sushma Rani had visited the house of Sat Pal, at Chandigarh and Sushma Rani had complained of maltreatment. 8. A perusal of statement of PW-1 Sat Pal shows that deceased Sushma Rani visited her parents house about 15 days prior to the occurrence and stated that her husband used to maltreat her and caused her beatings for not meeting the demand of Rs. 40,000/-, which had been demanded at the time of marriage and which father of the deceased had failed to pay. It has been further stated by the said witness that on 4.6.1998 i.e. one day before the alleged occurrence, the witness went to the house of his sister and on the next day when he again visited her house, he found that the accused was quarrelling with the deceased and the deceased told the witness that her husband was again quarrelling on demand of the said amount. It was only after 3/4 hours that the witness again visited the house of the deceased, by which time she had died. Deceased was pregnant for 6/7 months at that time. It was only after 3/4 hours that the witness again visited the house of the deceased, by which time she had died. Deceased was pregnant for 6/7 months at that time. This version is further supported by the evidence of PW-2 Raj Kumar, who had accompanied PW-1 to the extent that when Raj Kumar went with Sat Pal, it was found that Rameshwar Dass was quarrelling with the deceased. The witness left the house alongwith Sat Pal and again went to the house after 3/4 hours and found that the deceased had died. 9. PW-11 Des Raj, father of the deceased, stated that on 22.5.1998 i.e. about 15 days prior to the occurrence, the deceased had stated that she was being harassed by her husband for non-payment of Rs. 40,000/-. Ex.PQ, which is a telegram dated 16.4.1988 given by the accused to his father-in-law stating that there was misunderstanding and father-in-law should visit the accused. 10. From all this evidence, it is clear that the accused demanded dowry and harassed the petitoner. In view of this, presumption under Section 113B of the Evidence Act will be attracted and death of the deceased being within seven years of marriage will be deemed to be a dowry death. 11. The defence taken by the accused is that the deceased was a patient of depression cannot be accepted in absence of any evidence to support the same. Further defence that the defence witnesses stated that relations between the husband and wife were normal could also not be conclusive, as outsiders may not know what is happening inside a home. Letters said to have been written by the deceased do not relate to the period immediately before the death and merely from the said letter, the accused could not be held to be innocent nor the said letters create a doubt about the case of the prosecution, which otherwise stands proved. 12. In State of West Bengal v. Orilal Jaiswal and another, 1994(3) RCR(Crl.) 186 (SC) : AIR 1994 Supreme Court 1418, it was held that deposition by a close relation need not be discarded simply on account of absence of corroboration by independent witness. It was observed that acts of cruelty would be konwn to close relations. 12. In State of West Bengal v. Orilal Jaiswal and another, 1994(3) RCR(Crl.) 186 (SC) : AIR 1994 Supreme Court 1418, it was held that deposition by a close relation need not be discarded simply on account of absence of corroboration by independent witness. It was observed that acts of cruelty would be konwn to close relations. It was further observed that exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicions and thereby destroy social defence. It was further observed that justice cannot be made sterile on the plea that it is better to let hundred guilty escape than punish an innocent. It was also observed that letting guilty escape is not doing justice, according to law. It was so held by following the judgment of the Supreme Court in Gurbachan Singh v. Satpal Singh, AIR 1990 SC 209. 13. In Balwant Singh v. Partap Singh and others, 2000(9) SCC 352, it was held that merely because the accused sends intimation to parents of the deceased will not show absence of ill motive, if on the evidence adduced all the necessary ingredients are established. In Kans Raj v. State of Punjab and others, 2000(2) RCR(Crl.) 695 (SC) : AIR 2000 Supreme Court 2324, it was held that Section 32 of the Evidence Act does not require that the statement was made in imminent expectation of death. Statement of deceased relating to the cause of death or the circumstances of the transaction which resulted in his death must be closely connected with the actual transaction. It was further held that the expression "soon before death" in Section 304-B IPC would include a continued harassment unless intervening circumstance showing non- existence of such treatment was brought on record. The prosecution was required to prove proximate and live link between the effect of cruelty based on dowry demand and the consequential death. If it was shown that the dispute arose from demand of dowry had been resolved, presumption under Section 113B of the Evidence Act may not be drawn, but mere lapse of time will not be available as a defence. It was also held that Section 304-B IPC would cover a case of suicide also. 14. If it was shown that the dispute arose from demand of dowry had been resolved, presumption under Section 113B of the Evidence Act may not be drawn, but mere lapse of time will not be available as a defence. It was also held that Section 304-B IPC would cover a case of suicide also. 14. Applying the principles laid down in the above judgment to the facts of the present case it is seen that the case is clearly covered by Section 304-B IPC. The harassment on account of demand of dowry is clearly proved from oral and documentary evidence. It is not shown that the dispute had been resolved at any point of time. It is also not shown that there is no nexus of the death with the harassment. In view of these factors, I uphold the conviction and sentence recorded by the trial Court. Accordingly, the appeal is dismissed. The appellant is given one months time for surrendering.