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2008 DIGILAW 216 (PNJ)

Balwant Singh v. State of Haryana

2008-01-25

KANWALJIT SINGH AHLUWALIA

body2008
JUDGMENT K.S. Ahluwalia, J. - The instant appeal has been preferred by Balwant Singh son of Dilawar Singh, who was named as accused in case FIR No. 260 dated 8.9.1994, under Section 304-B, Indian Penal Code registered at Police Station Chhainsa. He was tried by the Court of Additional Sessions Judge, Faridabad, who convicted him under Section 304-B, Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for ten years. 2. Briefly stated the case, as set up in the FIR lodged by Bachan Singh, father of Sukho Bai deceased, is that about four years ago i.e. in June 1990, marriage of his daughter Sukho Bai was solemnized with Balwant Singh-appellant and he had given sufficient dowry according to his capacity. It is further stated that under the influence of liquor, Balwant Singh used to raise demand of dowry and used to give beatings to his wife. It is stated therein that the complainant had given cash to the appellant many times. The deceased used to complain about the conduct of the appellant. The complainant being a poor man had a buffalo, which too was given to satisfy the demand of the appellant. It is further stated that the complainant asked the deceased that since she had given birth to a boy and girl, she should continue in the family. 3. It is further stated in the FIR that on 8.9.1994 at about 10.00/11.00 a.m., elder brother of the appellant relayed information to the son of the complainant that Sukho Bai had died due to stomach pain. On reaching the house of the appellant, they came to know that she had committed suicide by hanging herself with a plastic rope in her neck. After completion of investigation, report under Section 173, Criminal Procedure Code was submitted. The appellant was charged under Section 304-B, Indian Penal Code, to which he pleaded not guilty and claimed trial. The prosecution examined 7 witnesses in all. PW 1 is Constable Rajinder Singh, who delivered special report to the Illaqa Magistrate. PW 2 is Dr. P.S. Yadav, who found ligature mark on the neck of the deceased, 2.5 mm in size in front. He also found tearing of underline muscles, discharge from vagina and anus and cyanosis with closed eyes, mouth the teeth. According to him, cause of death was asphyxia due to hanging. PW 2 is Dr. P.S. Yadav, who found ligature mark on the neck of the deceased, 2.5 mm in size in front. He also found tearing of underline muscles, discharge from vagina and anus and cyanosis with closed eyes, mouth the teeth. According to him, cause of death was asphyxia due to hanging. PW 3 is Bachan Singh complainant, father of deceased, who has reiterated the version given by him in the FIR. PW 4 is Anoj Kumar, draftsman, who prepared the scaled site-plan. PW 5 is Paro Bai, mother of the deceased, who has corroborated the version given by her husband Bachan Singh. PW 6 is Mool Chand, photographer. PW 7 is ASI Sahi Ram, the Investigating Officer. After the prosecution closed its evidence, all incriminating evidence was put to the accused-appellant in his statement under Section 313, Criminal Procedure Code. He denied the same and stated in answer to question No. 13 that the deceased was a quarrelsome lady and used to pick up quarrel whenever he took liquor. In defence, DW 1 Lachhman Singh was examined, who deposed that the deceased used to complain regarding the conduct of the appellant as he had been taking liquor and she used to advise him not to take the same. 4. I have heard counsel for both the sides and have perused the record as also the statements of the witnesses. 5. Mr. Manchanda tried to impress this Court by stating that it is mentioned in the FIR that the complainant was from a poor family whereas the appellant was better placed in the society and as such it seems improbable that he would have raised demand of dowry. 6. In this case, this Court need not delve deep into the allegations of demand of dowry. In his statement under Section 313, Criminal Procedure Code, the appellant has stated that the deceased was a quarrelsome lady, whenever he used to take liquor, she picked up quarrel. The appellant examined Lachhman Singh DW 1, who also deposed he saw the deceased complaining about the conduct of the appellant that he used to take liquor. In the FIR also, it has been alleged that whenever the appellant used to take liquor, he raised the demand for dowry and harassed the deceased. The appellant examined Lachhman Singh DW 1, who also deposed he saw the deceased complaining about the conduct of the appellant that he used to take liquor. In the FIR also, it has been alleged that whenever the appellant used to take liquor, he raised the demand for dowry and harassed the deceased. It has come in the cross-examination of PW 3 Bachan Singh complainant that the appellant was in the habit of taking excessive liquor, due to which the deceased was fed up with him. The root cause of the discord between the two was thus excessive consumption of liquor by the appellant. It is enough basis to hold that the appellant was alcoholic and could not live without taking liquor. The allegation regarding demand of dowry has been made after due consultations and deliberations and is thus to be ruled out. 7. Once the deceased has committed suicide on the ground that her husband used to take excessive liquor, due to which she was fed up and the demand of dowry is ruled out, the offence will not fall under Section 304-B, Indian Penal Code, but under Section 306, Indian Penal Code. Accordingly, the conviction under Section 304-B, Indian Penal Code is set aside and he is instead convicted under Section 306, Indian Penal Code. 8. It is stated in the FIR itself the deceased and the appellant had two children i.e. one son and one daughter. At the time of statement regarding sentence i.e. on 12.11.1997, it was stated by the appellant that his daughter is aged 8 years and the son is 5 years. By now the age of the girl must be 19/20 years and she may be of marriageable age. Mr. Manchanda states that there is none else in the family to perform her marriage except the appellant. Sending the appellant to jail at this juncture will caste a stigma on the family and it would become more difficult to find a suitable alliance for the daughter. 9. Be that as it may, once I have converted the offence from Section 304-B, Indian Penal Code to Section 306, Indian Penal Code, I sentence the appellant to undergo RI for five years and a fine of Rs. 50,000/-, which would be kept in a Fixed Deposit, to be utilized at the time of marriage of daughter of the deceased. Be that as it may, once I have converted the offence from Section 304-B, Indian Penal Code to Section 306, Indian Penal Code, I sentence the appellant to undergo RI for five years and a fine of Rs. 50,000/-, which would be kept in a Fixed Deposit, to be utilized at the time of marriage of daughter of the deceased. If the daughter is already married, the aforesaid amount would go to both the children of the deceased in equal share. 10. The fine shall be submitted in the Court of Chief Judicial Magistrate, Faridabad, who shall oversee preparation and disbursal of the fixed deposit as per directions of this Court. 11. With the modification in the impugned judgment, as indicated hereinabove, the appeal stands disposed of. Ordered accordingly.