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2005 DIGILAW 1162 (PNJ)

Ishar Dass v. State Of Punjab

2005-11-09

M.M.AGGARWAL

body2005
Judgment M.M.Aggarwal, J. 1. This is an appeal against judgment dated 4.2.1994 passed by the Sessions Judge, Ferozepur whereby the present appellant was convicted for the offence under Section 304-B IPC and sentenced to undergo imprisonment for a period of seven years. 2. Prosecution case against the appellant is that Gita daughter of Sudharan Lal was married to accused-appellant Ishar Dass about 4/5 years prior to the occurrence. Just after 4-5 months of the marriage, accused had started saying to the deceased that she had brought insufficient dowry. Rupees 2,000/- was paid by the father of the deceased Gita to the accused-appellant but accused had been giving beatings to Gita. She was sent to Abohar to live with Sudharan Lal. Then a son was born to her. Deceased Gita lived in the fathers house for one year. On the intervention of the respectable, she was sent back to the house of the accused but the accused again turned her out after giving beatings. Then about two months prior to the occurrence, she was sent back but when she was leaving Abohar, she told her father that she be not sent because the accused would again give beatings or maltreat her and that if her husband gave beatings to her, she would not remain alive to show her face. Gita died on 1.1.1992 by hanging with a rope. Information in this regard was given to the complainant. Case was registered at his instance and investigated. Accused-appellant was sent to face trial. Case was found to be proved. Accused-appellant was convicted and sentenced as aforesaid. Hence this appeal. 3. Counsel for the appellant had argued that it was not a case of dowry death. He also pointed out that the marriage was solemnized 10 years before the occurrence 4. While Sudharan Lal appeared in Court, he stated that Gita was married 5/6 years prior to the occurrence. He stated that she was married in the year 1987. A suggestion was put to him that her daughter was married in the year 1985 but the denied this suggestion. 5. However, even if she was married in the year 1985, seven years will not be over as on 1.1.1992 i.e date of death of Gita. As such death took place within seven years of her marriage. 6. A suggestion was put to him that her daughter was married in the year 1985 but the denied this suggestion. 5. However, even if she was married in the year 1985, seven years will not be over as on 1.1.1992 i.e date of death of Gita. As such death took place within seven years of her marriage. 6. As per statement of Sudharan Lal (complainant) PW2, the accused had started maltreating Gita after 2-3 months of the marriage since he wanted more dowry and was complaining that he was not given Godrej Almirah, Fridge, TV. etc. Rs. 2000/- was paid but it did not satisfy the accused and accused continued torturing Gita. Further statement is that Gita was taken by him to his house. She remained there for one year. A child was born to her there. Then on assurance that accused shall behave properly and will not maltreat her, she was sent back to her in-laws house. There she had become seriously ill and was brought to her fathers house and got treated. She was sent again about one and half month prior to the occurrence. At that time, Gita was telling that if she was sent, she will be again tortured. She had told her father that if she was sent, she would commit suicide and would not show her face alive. Ramesh, who is the husband of the sister of her mother, appearing as PW3 had stated that deceased had lived happily with the accused for 3-4 years. Then there was some bickering and she was some time coming from the house of the accused and then some time she was telling that the accused was giving her beatings. He inquired from her and Gita told him that the accused wanted some money. Then the deceased had gone to her parents house and she remained there for two years. Then she was sent back on the intervention of Net Ram and some others. Net Ram appearing as PW4 had stated that the deceased was being tortured by the accused and she was in her fathers house and then accused along with his brother and another person had come to him. Accused was demanding more dowry but the complainant could not pay. However, the deceased was sent with the accused to Ferozepur. Then Gita had committed suicide. 7. Accused was demanding more dowry but the complainant could not pay. However, the deceased was sent with the accused to Ferozepur. Then Gita had committed suicide. 7. Offence under Section 304-B IPC is made out only when soon before her death the woman is subjected to cruelty, harassment in connection with demand of dowry. 8. From the statement of Sudharan Lal PW2 it would appear that the demand, if any, was made 2-3 months after the marriage. Thereafter there had been some maltreatment. Deceased Gita had left the house of her husband and then had come to her father. She stayed there for one year. A male child was born. Then she had left her fathers house. Thereafter she again came and stayed in the house of her father for some time. About one and half months prior to the occurrence, she was sent back to the house of the accused. At that time, she was saying that her husband would give beatings and that she should not be sent. She told her father that if she was sent, she will be tortured and she will not show her face alive to her father. There had been no mention of any demand of money or dowry soon before death in the statement made by Sudharan Lal nor it had been there in the statement of Sudharan Lal made in the Court. There had been allegations of ill-treatment, beatings and harassment. It will come out that Gita committed suicide due to ill-treatment. 9. Counsel for the appellant had relied on judgment reported in Sham Lal v. State of Haryana, 1997(3) RCR(Crl.) 85 (SC), which was followed in another judgment, relied on by the counsel, reported in Sadhu Singh v. State of Punjab, 2003(4) RCR(Crl.) 637 (P&H). 10. In view of the facts and circumstances of this case, it cannot be said that it is a case of dowry death punishable under Section 304-B IPC. However, the fact remains that Gita had committed suicide and had died unnatural death. There is evidence in the statements of Sudharan Lal and that of Ramesh PW3 and Net Ram PW4 that the accused used to give beatings to Gita and had subjected her to cruelty or harassment. There is case for offence under Section 498-A IPC. 11. From the above discussion, this appeal is partly accepted. There is evidence in the statements of Sudharan Lal and that of Ramesh PW3 and Net Ram PW4 that the accused used to give beatings to Gita and had subjected her to cruelty or harassment. There is case for offence under Section 498-A IPC. 11. From the above discussion, this appeal is partly accepted. Accused- appellant shall stand acquitted of the offence under Section 304-B IPC. However, he is convicted for the offence under Section 498-A IPC and sentenced to undergo RI for two years and to pay a fine of Rs. 5000/-, in default of payment of fine, he shall have to undergo R.I. for three months.