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2010 DIGILAW 3358 (PNJ)

Jaspal Singh v. State Of Punjab

2010-12-16

M.JEYAPAUL

body2010
Judgment M.Jeyapaul, J. 1. All the three accused viz. the husband, sister-in-law and father-in-law respectively of the deceased Kashmir Kaur, were convicted for the offence punishable under Section 304-B of the Indian Penal Code and were sentenced to undergo seven years rigorous imprisonment each. 2. Bachan Singh, the third accused-appellant had passed away during the pendency of the appeal. The death certificate was produced by the prosecution and as a result of which the appeal abated as regards the third accused- appellant. 3. The brief case of the prosecution as unfolded by the witnesses examined by the prosecution is as follows : (a) PW-3 Jaswant Singh is the father of the deceased, Kashmir Kaur. PW-4 Nirmal Singh is the brother of PW3. PW3 is the resident of Zaffarwal. About one and half years prior to the death of Kashmir Kaur, she was married to Jaspal Singh, accused-appellant No. 1, who was the resident of Sherpur. At the time of marriage, PW-3 gave sufficient dowry articles according to his capacity. (b) After about a weeks time, Kashmir Kaur came down to her parental house and informed PW3 that the accused persons were demanding a scooter. After taking an advice from Nirmal Singh, PW-4, Jaswant Singh, PW-3 purchased a scooter and gave the same to the first accused. (c) After about three months from the date of delivery of the scooter to the first accused, Jaspal Singh, the accused came to the house of PW3 along with the deceased, Kashmir Kaur and demanded a sum of Rs. three lacs to send first accused Jaswant Singh abroad. The accused left Kashmir Kaur at her parental house itself. Having agreed to pay a sum of Rs. one lac, out of the demand of Rs. three lacs made by the accused, Kashmir Kaur was left at the matrimonial home. (d) PW-3 received an information from some unknown person that Kashmir Kaur was hospitalized due to heart attack. He proceeded along with PW-4 to Civil Hospital, Batala where Kashmir Kaur was admitted for treatment. Kashmir Kaur was found conscious. She informed PW-3 and PW-4 that all the three accused poisoned her. Kashmir Kaur died within one hour thereafter. (e) PW-3 gave statement Ex. PF to PW-7 ASI Sukhwinder Singh. Based on the statement Ex.PF given by PW-3, SI Nirmal Singh registered the FIR. PW7 took up the case for investigation. (f) PW-1 Dr. Kashmir Kaur was found conscious. She informed PW-3 and PW-4 that all the three accused poisoned her. Kashmir Kaur died within one hour thereafter. (e) PW-3 gave statement Ex. PF to PW-7 ASI Sukhwinder Singh. Based on the statement Ex.PF given by PW-3, SI Nirmal Singh registered the FIR. PW7 took up the case for investigation. (f) PW-1 Dr. Gurmit Singh Chhina, conducted post mortem examination on the dead body of Kashmir Kaur on 4.4.1998 at 2 pm. Rigor mortis was found on the dead body. There was no external injury found on the dead body of Kashmir Kaur. The viscera was collected and sealed in an envelope. The same was dispatched to the Chemical Examiner. The Chemical Examiner opined that Kashmir Kaur died due to organo-phosphorus poisoning. The Chemical Examiner report was marked as Ex. PC. PW-1 has given his opinion based on Ex.PC that Kashmir Kaur died due to poisoning in his report Ex. PD (g) PW-7 having examined all the witnesses in this case, completed the investigation and laid final report as against the first accused Jaspal Singh alone. Very strangely, the Sessions Court invoking the provision of Section 193 of the Code of Criminal Procedure, after the case was committed for trial summoned the other two accused and proceeded with the trial of the case. It is to be noted at this stage that the Sessions Court has the power to summon any other accused in the case invoking its jurisdiction under Section 319 Cr.P.C. only after some evidence was forthcoming during the course of trial as against such other accused. The Sessions Court cannot invoke the provisions of Section 193 Cr.P.C. before examination of any witness on the side of the prosecution and summon any other accused in a Sessions case. 3A. The trial Court totally disbelieved the version of PW-3 and PW-4 that oral dying declaration was given by the deceased Kashmir Kaur. But relying upon the evidence of PW3 and PW4 to the effect that the accused committed cruelty demanded dowry and ultimately caused the death of Kashmir Kaur, the trial Court rendered a verdict of conviction under Section 304-B IPC as against all the accused. 4. But relying upon the evidence of PW3 and PW4 to the effect that the accused committed cruelty demanded dowry and ultimately caused the death of Kashmir Kaur, the trial Court rendered a verdict of conviction under Section 304-B IPC as against all the accused. 4. The learned Counsel appearing for the appellants would submit that the/scooter alleged to have been given by PW-3 to the first accused was not recovered, nor any document relating to the purchase of the scooter was taken custody of by the Investigating Officer. It is her submission that the purchase of scooter by PW-3 and handing over the same to the first accused was not established. It is her further submission that PW-3 has categorically stated that a sum of Rs. 3 lacs was demanded by the accused for the purpose of sending the first accused abroad it was only by way of help, the accused demanded a sum of Rs. three lacs. On the basis of the aforesaid categorical statement of PW-3, the learned Counsel for the appellant would submit that such a demand would not amount to a dowry demand. Bringing to the notice of this Court that the site plan was not prepared by the Investigating Officer and no bottle or container which contained the remainder poison was recovered by the Investigating Officer, the learned Counsel for the appellant would submit that the defence version that the deceased took poison only in the parental house cannot be simply ignored. Therefore, it is her submission that the prosecution failed to establish the ingredients of the offence under Section 304-B IPC. 5. In contrast, the learned Deputy Advocate General, Punjab appearing for the respondent would submit that the evidence of PW-3 and PW-4 in the background of the Chemical Examiner report and medical evidence would establish that Kashmir Kaur died only due to the cruelty committed by the accused demanding dowry. It is his submission that the trial Court rightly analyzed the material on record and recorded a finding that the accused committed the offence punishable under Section 304-B IPC. 6. PW-3 has deposed that a scooter was demanded within about one week from the date of marriage by the accused and the same was given by PW-3 after consultation with PW-4 within three months time. The death of Kashmir Kaur had taken place one and half years after her marriage. 6. PW-3 has deposed that a scooter was demanded within about one week from the date of marriage by the accused and the same was given by PW-3 after consultation with PW-4 within three months time. The death of Kashmir Kaur had taken place one and half years after her marriage. That is to say that the scooter had been allegedly used by the first accused on delivery given by PW-3 for about one year and three months. PW-3 would state that there was no Registration of the vehicle. The vehicle which was used by the first accused for about one year and three months was returned by the accused after the death of Kashmir Kaur. Unfortunately neither any document relating to the said vehicle nor the said vehicle (scooter) as such was recovered to establish that such a vehicle was bought by PW-3. In the above facts and circumstances, a doubt arises as to whether PW-3 in fact purchased a scooter and delivered the same to first accused, as demanded by him. 7. PW-3 has himself caused a dent to the case of the prosecution. According to him there was a demand of Rs.three lacs after about six months of the marriage of Kashmir Singh with the first accused. He has deposed that only by way of help, a sum of Rs. three lacs was demanded by the accused in order to send the first accused abroad. The demand should have direct connection with the marriage performed. Demand of Rs. three lac by way of help to send the first accused abroad would not by any stretch of imagination amount to demand of dowry. 8. The second accused was a spinster, aged 17 years when the occurrence took place. It is quite unbelievable that a spinster residing along with her brother, joined her brother in demanding a scooter for him and also in demanding a sum of Rs. three lacs for the purpose of sending first accused abroad. 9. Of course the investigating agency failed to draw a site plan of the scene of occurrence. Only some suggestions have been put by the accused that the deceased took poison in her parental house itself as the jewels borrowed by PW3 was not returned in time. But such suggestions were totally denied by PW3. 9. Of course the investigating agency failed to draw a site plan of the scene of occurrence. Only some suggestions have been put by the accused that the deceased took poison in her parental house itself as the jewels borrowed by PW3 was not returned in time. But such suggestions were totally denied by PW3. No evidence was let in on the side of the defence to establish that the occurrence took place only at the parental house of the deceased. Mere suggestions put to the witnesses and denied by them are not sufficient to establish the defence version that the occurrence took place at the parental house. 10. At any rate, that the prosecution failed to establish that the accused committed cruelty and demanded dowry which resulted in the death of Kashmir Kaur. The trial Court has not properly analyzed the material on record while passing the verdict of conviction as against the accused. 11. In view of the above, the appeal is allowed. The accused-appellants No. 1 and 2 are acquitted of the offence under Section 304-B of the Indian Penal Code. The bail bonds, if any, executed by them stand annulled. The fine, if any, paid by them, shall be returned forthwith. Appeal allowed.