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2005 DIGILAW 957 (PNJ)

Rajesh Kumar v. State Of Punjab

2005-09-07

M.M.AGGARWAL

body2005
Judgment M.M.Aggarwal, J. 1. Accused/appellants Rajesh Kumar and Krishna Devi were convicted for offence under Section 304-B IPC vide judgment dated 20.8.2002 of Additional Sessions Judge, Gurdaspur. Rajesh Kumar accused was sentenced to undergo RI for 10 years whereas Krishna Devi to undergo RI for seven years. 2. Prosecution case against the accused/appellants was that Sobha Rani daughter of Kishan Chand was married to Rajesh Kumar accused about 2 years prior to the occurrence. As per Krishan Chand, dowry as per his status was given but after one month of the marriage, Sobha Rani and Rajesh Kumar came to meet them at Prem Nagar, Gurdaspur. Sobha Rani told her father and mother that her mother-in-law, husband and elder brother of her husband were harassing for not bringing scooter and fridge in dowry and were taunting her. Kishan Chand had talked with his uncle Diwan Chand. Sobha Rani was sent back with her husband on the promise that their demand would be met. Then again after 5-6 months, Kishan Chand and his wife went to village Bhumbli to meet their daughter where Sobha Rani had again told them about the demand of the accused. Kishan Chand and his wife assured the husband, mother-in-law and elder brother of the husband of their daughter, that their demand will be fulfilled and asked them not to maltreat Sobha Rani. 3. Sobha Rani also wrote a letter in February, 1997 that she was being harassed by the accused/appellants. Then on 11.9.1997 at about 2.30 PM, Kishan Chand came to know that Sobha Rani was admitted in Civil Hospital, Gurdaspur due to burn injuries that she was put to fire by the accused/appellants for not bringing the scooter and fridge. Sobha Rani died due to injuries. 4. Rakesh Kumar, husband, Krishna Devi mother-in-law and Subash Chander, elder brother of the husband had faced trial for offence under Section 304-B and ultimately Subash Chander was acquitted whereas Rajesh Kumar husband and Krishna Devi mother-in-law were sentenced as aforesaid. Hence the appeal. 5. It is well settled that in order establish dowry death the prosecution. 4. Rakesh Kumar, husband, Krishna Devi mother-in-law and Subash Chander, elder brother of the husband had faced trial for offence under Section 304-B and ultimately Subash Chander was acquitted whereas Rajesh Kumar husband and Krishna Devi mother-in-law were sentenced as aforesaid. Hence the appeal. 5. It is well settled that in order establish dowry death the prosecution. has to prove - ( i) death of woman was caused by burns or bodily injury or had occurred otherwise than in normal circumstances; (ii) such death took place within 7 years of her marriage; (iii) the deceased was subjected to cruelty or harassment by her husband or by any relative of her husband; (iv) such cruelty or harassment was for or in connection with demand of dowry; (v) to such cruelty or harassment, the deceased was subjected to soon before her death; 6. In this case, Kishan Chand father of Sobha Rani had appeared as PW-1, Sudesh Kumari mother of the deceased appeared as PW-2 whereas Gurparshad PW-3 is brother of the deceased. From the statements of these three witnesses, it would come out that after one month of the marriage when Sobha Rani and Rajesh Kumar came to their house, then Sobha Rani had told that her husband, mother- in-law and brother-in-law were harassing her for not bringing scooter and fridge. Then after 4-5 months, this Kishan Chand and his wife had gone to village Bhumbli i.e. in-laws place to meet Sobha Rani and then again demand was made and they told that they would fulfil the demand gradually and Sobha Rani should not be harassed. The accused/appellants did not stop harassing Sobha Rani. Thereafter, neither Sobha Rani appears to have come to her parents house nor there was any demand made or not met. 7. According to Kishan Chand, cause of death of Sobha Rani was that demand of scooter and fridge was not met. However, Kishan Chand during cross-examination had admitted that whenever Rajesh Kumar was coming he was coming on a scooter and that there was a fridge also in their house. Reliance had been placed by the trial Court on letter dated 6.2.1997, copy Exhibited P-1, purporting to have written by Sobha Rani to her father Kishan Chand. In this letter, she has stated she was living alone and whenever old lady (Buddi) was coming she talked in a taunting way. Reliance had been placed by the trial Court on letter dated 6.2.1997, copy Exhibited P-1, purporting to have written by Sobha Rani to her father Kishan Chand. In this letter, she has stated she was living alone and whenever old lady (Buddi) was coming she talked in a taunting way. From this letter, it would appear that a male child was born to Sobha Rani about a month earlier but none from her parents side had come. Sobha Rani had stated in this letter that unless her parents side come with clothes etc, she would not be allowed to come to Prem Nagar. She has stated that whenever she will come to Gurdaspur, she will come to Prem Nagar. She had stated that she was feeling suffocated but till somebody comes, she cannot go. She further stated that she will be waiting for them till Tuesday i.e. 10.2.1997 and if none comes by that time, then she will understand that her parents side is not happy on the birth of her son. She had further stated that the letter may make them sad but she had no other person to tell all this. That earlier she could share her thoughts with Nirmla Didi but now she cannot do even that. From this letter it would appear that she was living with her husband separately. 8. The death in this case has been by burns and it was unnatural death. It took place within seven years of the marriage. Now the question is whether deceased woman was subjected to cruelty or harassment by her husband or any relative of the husband and that cruelty/harassment was for or in connection with demand of dowry and it was soon before her death. 9. From the evidence brought on record, it would come out that demand was one month after the marriage. It might have been repeated after 5-6 months after the marriage but death had taken place after about 2 years i.e. 1-1/2 years of such demand. Letter dated 6.2.1997 copy Exhibit P-1 written by Sobha Rani to her father does not talk of any demand at all. If after the birth of male child to Sobha Rani, if she or her in-laws were expecting somebody to come with some customary articles like clothes etc., that will not mean that any dowry demand was there. Letter dated 6.2.1997 copy Exhibit P-1 written by Sobha Rani to her father does not talk of any demand at all. If after the birth of male child to Sobha Rani, if she or her in-laws were expecting somebody to come with some customary articles like clothes etc., that will not mean that any dowry demand was there. From the persual of the letter it would, in fact, come out that Sobha Rani was expecting her parents to come with clothes etc. but they were not coming and she had even told that she will wait upto to Tuesday i.e. 10.2.1997 and if none comes, she would feel that they were not happy with the birth of her son. The death took place after 7 months of this letter. Under these circumstances, it cannot be said that cruelty or harassment was in connection with demand of dowry soon before death of woman i.e. Sobha Rani. 10. There is no averment by Kishan Chand, his wife or brother that they had ever gone after the birth of the son and at that time or thereafter any demand was made or Sobha Rani had complained about harassment or cruelty. 11. Under these circumstances, I hold that death of Sobha Rani on 11.9.1997 cannot be said to be dowry death punishable under Section 304-B IPC and these accused appellants were liable for that death. From the above discussion, this appeal is accepted. Rajesh Kumar and Krishna Devi accused/appellants shall stand acquitted of the charge framed against them. They be released forthwith if not required in any other case.