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2003 DIGILAW 768 (PAT)

Shyam Sundar Singh v. State Of Bihar

2003-07-25

BRAJ NANDAN PRASAD SINGH

body2003
Judgment Braj Nandan Prasad Singh, J. 1. Manjusha Devi wedded to appellant Radhe Shyam Singh died in her in-laws house allegedly for torture meted out to her by the in-laws for failure of her parents to make provision of sufficient dowry to them. The first information about death of Manjusha in her in-laws house was given to the parents of the deceased by Dulo Singh PW 1, pursuant to which it was alleged that when father of the deceased along with villagers visited village Thera Dih under Warshaliganj Police Station in the District of Nawada, found house of the appellants locked and appellants absconding from the house. Thereafter, he along with villagers rushed to the police station and from there the police visited place where dead body was allegedly cremated and collected some incriminating articles including bangles, bottle of kerosene oil etc. and recorded Fardbeyan of Ram Swarath Singh. Pursuant to which First Information Report was drawn up and investigation commenced. During investigation, a number of witnesses were examined by the police and on conclusion of investigation, the police laid charge-sheet before the Court. In the eventual trial that followed, the State examined altogether 7 witnesses who are father of the deceased, villagers, police officer and other witness who was not material as for particulars of the incident. 2. The defence of the appellants both before the Court below and this Court had been denial of complicity attributed to them and contrary to assertion made by the State, the explicit case of the defence was that the deceased died natural death on account of ailment of diarrhoea. The defence too examined six witnesses ostensibly to counter allegations attributed to the appellants and the Trial Court on evaluating probative value of the prosecution witnesses and those examined by the defence, while rejecting defence version, accepted prosecution case and relying on testimony of witnesses, recorded finding of guilt and sentenced the appellants to undergo rigorous imprisonment for a period of seven years under Sec. 304-B/34 of the Indian Penal Code. The appellants suffered conviction also under Sections 201/34 and 498/34 of the Indian Penal Code and on both counts they were sentenced to suffer term of two years on each count. The appellants also suffered conviction under Sec. 4 of the Dowry Prohibition Act for which they were to suffer rigorous imprisonment for a period of two years. The appellants suffered conviction also under Sections 201/34 and 498/34 of the Indian Penal Code and on both counts they were sentenced to suffer term of two years on each count. The appellants also suffered conviction under Sec. 4 of the Dowry Prohibition Act for which they were to suffer rigorous imprisonment for a period of two years. However, all the sentences were directed to run concurrently. 3. Manifold contentions were raised at bar on behalf of the appellants to assail the propriety of finding recorded by Court below and it is sought to be urged with stress at bar that to bring the case within the ambit of Sec. 304-B of the Indian Penal Code, the prosecution was not merely obliged to lead satisfactory evidence about unnatural death of the deceased in in-laws house but it must be shown that the death of a woman had been caused by burn or bodily injury or death occurred otherwise, than under normal circumstances within seven years of her marriage and it be also shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband in connection with any demand for dowry. Learned Counsel while diluting submissions urges that neither there has been good evidences about the appellants asking for dowry on a particular time from parents of the deceased nor there has been good and satisfactory evidence about torture meted out to the deceased by the in-laws and that too with particular reference of time and also that all this was made immediately before her death. Other limb of argument pressed into service on behalf of the appellants was also that no unimpeachable evidence was led to suggest that incident in question happened within seven years of marriage of the spouse. While commenting upon credibility of evidence of Dulo Singh, PW 1, the submission is that though he hails from village of in-laws of the deceased and has been projected as one who rendered first information to the parents of the deceased about killing of Manjusha, demand of dowry and also torture meted out to her by her in-laws, in the backdrop of assertion made by this witness he did not appear to be credible witness either on the point of dowry or on the point of torture meted out to the deceased. That apart, it is urged that while this witness had neither participated in negotiation of marriage nor he ever visited the village nor had any concern with the business or affairs of the parents of the deceased, the assertion made by this witness about information to the parents of the deceased about death of Manjusha without any good reason was open to question. My attention has also been drawn to the testimony of the defence witnesses who made coherent statements about death of the deceased in normal circumstances. Contention raised at bar on behalf of the appellants had been resisted by learned Counsel appearing for the State and also the informant who appeared on his own. 4. Before I bestow my consideration to the submissions canvassed on behalf of the appellants and also the State, a brief analysis of the testimony of the witnesses may help in the matter and I may begin my exercise with the testimony of Ram Swarath Singh, PW 6. Though he happens to be none else but the father of the deceased Manjusha, no where he makes assertion about the period of marriage of the spouse and on this score, I may advert to the evidence of Dulo Singh, PW 1, who is the only witness who states that Manjusha was wedded to Radhe Shyam Singh, five or six years preceding her death. Needless to say that the solitary testimony of this witness did not seek corroboration from other sources, as I have noticed, not even from father of the deceased, who was most concerned person in the episode. Learned Counsel for the appellants on this score has urged with all stress that to bring home the case under the mischief of Sec. 304-B of the Indian Penal Code, it was most incumbent on part of the State to lead satisfactory evidence about the incident in question having happened within seven years of marriage and I must say that good evidence was wanting on this score. Now I may switch over to the other point. Now I may switch over to the other point. Other most important ingredient to bring the offence within the mischief of Section 304-B of the Indian Penal Code is that death of deceased and torture meted out to her by the in-laws must be for or in connection with any demand of dowry, and on this score too while analysing evidence I may cross the narrations made by Dulo Singh, PW 1, who says that Shyam Sunder Singh and his son Radhe Shyam Singh had been insisting Ram Swarath Singh for a jersey cow and a two wheeler as dowry, and non-complishment of which they executed killing of the deceased. Accepting the assertion to be true on its face value, the complicity of mother-in-law had not surfaced in statement of this witness, and that apart, assertion made by this witness either about demand of dowry and torture meted out to the deceased remains unsubstantiated in view of subsequent answers given in his deposition. This witness was not emphatic about the period when torture was meted out to the deceased by the inlaws and though he refers to name of some persons namely, Payare Singh, Nepali Singh and Ramnandan Singh who were witnesses of torture. I must say that none of them were examined at trial by the State. Now adverting to the evidence of Dinesh Singh, PW 2, though this witness states about demand made by son-in-law of Ram Swarath Singh, he was not emphatic about dates when such demands were made and that apart, this witness had not made parallel statement before the police about demand of dowry from the parents of the deceased. 5. Similar is the case with Yadunandan Singh, PW 4, as though he too says about demand made by the in-laws for provision of a jersey cow and a two wheeler, this witness too would not make explicit assertion about date, when such demands are attributed to the in-laws, and that apart, it was acknowledged by this witness that he had no concern with the affairs of the family of Ram Swarath Singh. It would be useful to refer to the evidence of Shyam Sunder Singh, PW 5, also and one may find the only assertion made by this witness was that in the past, the in-laws had been making demand for a two wheeler and a jersey cow and thus evidence too was without reference of period. One may now notice evidence of Ram Swarath Singh, PW 6 too by whom omnibus assertion was made for demand of dowry by the in-laws, for which Manjusha was allegedly burnt to death. Having analysed testimony of this witness too, no conclusion other than this can be drawn that the prosecution had not led unimpeachable evidence about demand of dowry made by the in-laws. 6. I may now analyse evidence of witnesses with reference to torture allegedly meted out to the deceased by the in-laws, and without reproducing narrations made by the witnesses, it can be said that though Dulo Singh PW 1 states about torture meted out to the deceased by the in-laws, he could not state the period when such torture was meted out to the deceased. Though the Counsel for the State has referred to the testimony of Shyam Sunder Singh PW 5, assertion made by this witness was only that, from before torture was meted out to the deceased by the in-laws to make provision of sufficient dowry to them. Though he states about visiting house of Manjusha Devi, three months preceding her death, but does not say about deceased alleging torture meted out to her. Credibility of this witness on the point of torture allegedly meted out to the deceased by the in-laws is eroded for more than one reason, as though this witness says that he lodged a written information with the Mukhiya about torture meted out to the deceased by the appellants, but he admits that document was not made available to the police during investigation and to crown all, such document is wanting even at trial. 7. Something about credibility of witnesses. Though Dulo Singh, PW 1, claimed to have informed the police shortly after killing of the deceased but the Investigating Officer would belie the statement made by this witness about he having been informed by this witness about killing of the deceased. 7. Something about credibility of witnesses. Though Dulo Singh, PW 1, claimed to have informed the police shortly after killing of the deceased but the Investigating Officer would belie the statement made by this witness about he having been informed by this witness about killing of the deceased. This witness did not claim to have participated in the negotiation of marriage or had any concern with the affairs of the family of the parents of the deceased. Suggestions were made to the witnesses by the defence that since his relation was strained with the in-laws for some land dispute preceding the occurrence, he for no good reason, stated to have been pioneer in informing parents of the deceased, Manjusha and contention, in view of infirmity that has crept in his evidence, does not appear to be without substance. Other witnesses including PWs 2, 4, 5 and 6. Though hail from village where in-laws of the deceased reside, but in their evidences too, as has been noticed earlier, much remains to be desired and many a good questions remain on the point of either demand of dowry made by the in-laws or torture allegedly meted out to the deceased by them. Though witnesses and also the police officer claim to have visited the place of cremation and seized some offending articles including bangles of the deceased and bottle of kerosene oil, needless to say that these articles were not produced at trial and to crown all, all the witnesses of seizure of these offending articles have acknowledged that those articles were not sealed by the police officer. Even if assertion of the prosecution about seizure of offending articles is accepted to be true on its face value, there is no finding of Chemical Examiner about contents of bottle and rightly it is urged that there did not appear to be good reason for presence of bangles at the place of cremation which is not in conformity with Hindu rites. I may reiterate that simply assertion made by witnesses about torture meted out to the deceased without referring to any particular time would not come within the mischief of Sec. 304-B of the Indian Penal Code as the Statute itself postulates that it must be shown that the deceased was subjected to cruelty immediately before her death. I must say that the evidence on this score is conspicuously wanting on the record. I must say that the evidence on this score is conspicuously wanting on the record. Though Legislature intends to convey that the torture must refer to a period immediately before her death, the said period had not been defined or it is feasible to be defence but through a catena of decisions, this has been well crystalised that there should be perceptible nexus between death of the deceased, and the dowry related harassment or cruelty inflicted on her. If the interval elapsed between the infliction of such harassment or cruelty and her death is wide, the Court would be in a position to gauge that in all probabilities the death would not have been the immediate cause of her death. The legislative object in providing such a radius of time by employing the words soon before her death is to emphasie the idea that her death should, in all probabilities, have been the aftermath of such cruelty or harassment. Applying the said principle in this case when I scrutinise evidence as noticed earlier I notice that there is no credible evidence that Manjusha was subjected to dowry related cruelty immediately before her death, and without multiplying decisions on this score, I may profitably refer to a decision of Apex Court rendered in case of Satbir Singh and Others V/s. State of Punjab and Another. 8. There is yet another aspect of the matter which I may take notice. Since there has been no good evidence either about torture meted out to the deceased by the in-laws or cruelty inflicted on her which could bring the mischief into dragnet of Sec. 498-A of the Indian Penal Code also, no conviction could be recorded on this score. As analyses of testimony of witnesses suggest that the cremation of the dead body of Manjusha was made in presence of parents of the deceased, on this score too I find that the conviction recorded under Secs. 201/34 of the Indian Penal Code was unwarranted. 9. Having bestowed my anxious and deepest consideration to the facts and circumstances of the case and also evidences placed on the record, I find that the finding of guilt recorded by the Trial Court was not sustainable in law, which as such, are set aside and appellants are acquitted of the charges. 9. Having bestowed my anxious and deepest consideration to the facts and circumstances of the case and also evidences placed on the record, I find that the finding of guilt recorded by the Trial Court was not sustainable in law, which as such, are set aside and appellants are acquitted of the charges. Since Shyam Sundar Singh and Rabri Devi are on bail, they are also discharged from the liability of the bail bonds. As Radhe Shyam Singh is shown to be in custody, he is directed to be released forthwith if not wanted in any other case. Both the appeals accordingly succeed and are allowed.