SRI CHAND Vs STATE OF PUNJAB
Bench: M.Y. EQBAL,ABHAY MANOHAR SAPRE
Case number: Crl.A. No.-001816-001816 / 2009
Diary number: 38028 / 2008
Advocates: P. N. PURI Vs
KULDIP SINGH
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REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1816 OF 2009
Sri Chand and Another ….Appellants
Versus
State of Punjab ....Respondent
J U D G M E N T
M.Y. EQBAL, J.
This appeal is directed against judgment and order
dated 24.09.2008 passed by the High Court of Punjab and
Haryana in Criminal Appeal No.1044 of 1998, whereby the
High Court allowed appeal of one of the four accused
persons and dismissed appeal of the other three accused
persons (viz. husband, father-in-law and mother-in-law of
deceased lady). The appellants-accused persons were
convicted by the trial court on the charges under Sections
304-B and 498-A of the Indian Penal Code (in short, ‘IPC’)
and directed each of the accused persons to undergo
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rigorous imprisonment for a period of ten years with fine of
Rs.2000/- each for the former offence and to undergo
rigorous imprisonment for a period of one year for the latter
offence with fine of Rs.1000/- each with default clause.
Prima facie, it will be appropriate to notice that on the
appeal preferred by the aforesaid three accused persons
under Article 136 of the Constitution, this Court on
12.5.2009, while directing issuance of notice in the matter,
confined the appeal to accused nos.2 & 3 and dismissed the
appeal preferred by the husband-accused no.1.
2. The facts leading to the prosecution story are that on
18.2.1997, Tarsem Ram alias Tarsem Lal, resident of Village
Durgapur, made a statement before the S.H.O. of Police
Station Sadar, Nawanshahr that around 1½ months back on
20.12.1996, his daughter Harpal Kaur alias Palo was married
to one Jaswant Lal and though he gave dowry as per his
financial capacity, her daughter’s husband and in-laws were
not satisfied with the adequacy thereof. Whenever his
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daughter would come to her parental house, she would
inform the members of her parental family that the behavior
of her husband towards her was not proper. Tarsem Lal
impressed upon his son-in-law that the former was a poor
person and what better gift could he have given to him in
the marriage was his daughter itself. On 15.2.1997, when
his son-in-law and daughter again came to Durgapur, his
daughter Harpal Kaur told her parents that her father-in-law
Sri Chand, mother-in-law Darshan Kaur, her husband’s
younger brother Nachhatter Lal and her husband Jaswant Lal
are harassing her saying that they have not been given
dowry according to their status. She further informed them
that she would not go to her matrimonial house as she had
an apprehension that she would be done to death over
there. Tarsem Lal and his other family members advised
Jaswant Lal to refrain from harassing Harpal Kuar and also
explained their financial incapacity in meeting dowry
demands. Thereafter, Harpal Kaur and Jaswant Lal left for
the matrimonial house.
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3. On 18.2.1997, at about 10.00 A.M., two unknown
persons came over to village Durgapur and informed Tarsem
Lal that his daughter is lying burnt and dead (at the
matrimonial house). Tarsem Lal went over to the house of
Sarpanch to intimate him, but since Sarpanch was not
available, he along with Daya Singh, Member of Panchayat,
went over to the matrimonial house of his daughter, where
they found that Harpal Kaur was lying dead due to burn
injuries in the kitchen and none of the family members, viz.,
her husband, father-in-law, mother-in-law and brother-in-law,
was found available in the house. Tarsem Lal related the
death of his daughter to the dowry and harassment, which
was being caused to her at the hands of the aforesaid
accused persons. He entertained a feeling that Harpal Kaur
had been done to death by all the accused by pouring
kerosene oil upon her and setting her afire in the kitchen.
The offence was notified to the police by Tarsem Lal in the
presence of Daya Singh, which was recorded by a police
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official (PW7-Gurmukh Singh) posted as SHO, PS Sadar,
Nawanshahr.
4. Thereafter, PW7 alongwith Tarsem and Daya Singh
went to the spot and prepared inquest report and sent the
dead body for postmortem examination to Civil Hospital,
Nawanshahr. He seized plastic cane, which was smelling of
kerosene oil, and a lady shoe and prepared rough site plan
regarding the place of occurrence. He also recorded
statements of the witnesses. On 21.2.1997, Jaswant Lal, Sri
Chand and Darshan Kaur accused were produced before the
aforesaid SHO and on the next day, Sarpanch Lal Singh
produced Nachhatter Lal (brother of Jaswant Lal) before the
aforesaid SHO and the accused were arrested. After
completion of investigation, chargesheet was laid in the
court of the Illaqa Magistrate, who committed this case to
the Sessions for trial of the accused under Sections 304-B
and 498A of IPC.
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5. To substantiate its allegations, the prosecution
examined eight witnesses including Dr. Devinder Singh, PW-
1, who (along with his colleagues) conducted the
postmortem on the dead body of Harpal Kaur, observed as
under:-
“It was a body of a young female of about 20 years of age wearing ear rings in both ears, burnt bangles over both forearm, a ring in right ring finger and a burnt wrist watch not in working condition on left wrist showing time 9.50.
Eyes were closed and congested, tongue protruding out hairs of scalp partly burnt and singing present. Body smelling of kerosene. Body having pugilistic posture, face swollen. Post mortem staining could not be seen upper part of front of right side of chest, neck left part of front of chest, left arm and upper ½ of left forearm having dermo-epidermal burns.
Line of redness was present over neck and front of chest and left arm. Both lower limbs were charred, muscles and bones burnt. Left knee joint charred and opened. Both feet charred and separated from legs. Front of
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abdomen charred and intestine protruding from right lower half. External genetalis and perieneal region charred. Right lower 2/3 of the chest charred, underlying muscles and ribs were burnt. Right lung exposed and burnt, Right forearm and medial aspect of right arm charred. Right elbow charred and opened. Lower ½ of left forearm and left hand charred. Whole of back was charred except dermo- epidermal burns were present over left scapular and shoulder region.”
6. The accused persons sheltered themselves under the
usual plea of false implication. Trial Court placed implicit
reliance upon the prosecution presentation in the statements
of PW-3 Tarsem Lal and PW-4 Surjit Kaur and discarded the
plea of innocence put forward by the accused and proceeded
to convict and sentence the accused persons on the
aforementioned charges.
7. Aggrieved by the decision of the trial court, all the four
accused persons preferred appeal before the High Court,
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which after hearing learned counsel on either side allowed
the appeal of Nachhatar Lal and dismissed the appeal of
other accused persons namely, Jaswant Lal, Sri Chand and
Darshan Kuar, who have approached this Court by way of
filing petition for special leave to appeal (SLP) under Article
136 of the Constitution. As stated hereinabove, the SLP of
Jaswant Lal, accused no.1 (husband of the deceased) has
been dismissed by this Court at the notice stage itself and
while granting leave qua other two accused persons
(parents-in-law of the deceased-victim) on 18.9.2009, this
Court directed for release of these two appellants on bail to
the satisfaction of the trial court.
8. We have heard learned counsel for the parties at
length. It has been contended on behalf of the appellants
that the High Court while dismissing the appeal of the
appellants did not notice that the investigating agency had
not been able to place on record any evidence to the effect
that the appellants subjected deceased Harpal Kaur to any
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dowry related torture or that they had any role in her death
by burning. It is further contended that the appellants were
residing separately from the husband of deceased and had
nothing to gain from the alleged dowry demand. It is further
alleged that deceased has committed suicide because of the
reason that she was not satisfied with the quality of the life
as she was having at the matrimonial home and she found
that her husband was not potent enough to satisfy her
sexually. It has also been contended on behalf of the
appellants that the High Court failed to appreciate that the
prosecution plea is not supported by any independent
evidence which could corroborate the testimony on oath of
parents of the deceased in the context of the allegation that
deceased was subjected to dowry related torture and she
was burnt to death.
9. Per contra, Mr. Ajay Bansal, learned Addl. Advocate
General appearing for the State of Punjab, submitted that
the two courts below have recorded the concurrent findings
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of facts on true and correct appreciation of evidence
produced by the prosecution. It has been contended that it
is a case where a young girl had been killed in the most
brutal and inhuman manner by the accused within few
months of her marriage. The accused persons poured
kerosene on the deceased and set her on fire and the
medical report suggests that she remained on fire for near
about two hours and after putting the deceased on death,
the appellants fled away from the spot without informing
anyone. It has been specifically stated by parents of
deceased that their daughter was subject to cruelties from
the hands of the accused persons for bringing the
insufficient dowry. It has been vehemently contended by the
State that non presence of the accused persons at the place
of occurrence, when the father of the deceased along with
panchayat member reached there, suggests the clear
involvement of the appellants in the crime. Furthermore,
plea of living separately stood falsified by the rough site plan
prepared by the concerned police official, wherein the place
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of occurrence has been shown to be the kitchen of the
appellant Sri Chand (father-in-law of the deceased).
10. After hearing both sides and closely perusing papers,
we are of the opinion that the present case has acceptable
evidence that all the accused persons were found missing
from their house at the time when Investigating Officer and
father of the deceased reached there in the company of a
member of the Panchayat. There is also convincing
evidence to the effect that the appellants did not intimate
the death of Harpal Kaur to members of her parental family.
The fact that the accused persons were found missing from
the house and also the fact that they refrained from
intimating the death of Harpal to her parents are two strong
facts which indicate the guilty state of mind of the
appellants, who cannot escape liability for causing death of
Harpal while at the matrimonial house. Learned Single Judge
of the High Court, in the impugned order, rightly observed
that Besides noticing that the matrimonial ‘bliss’ for the
deceased lady lasted only for few months, it requires
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pertinent notice that the legal accountability for the well
being of a bride squarely lies upon her husband and other
members of his parental family who are joint in mess and
residence with the couple. In the present case, the accused
other than Jaswant Lal had made an unsuccessful attempt to
plead that they were separate in mess and residence from
the couple but they have refrained from indicating where
exactly they were putting up separately. They also did not
opt to enter the witness box to testify their innocence by a
statement on oath.
11. In the present case, appellant Sri Chand has tried to
raise a plea of alibi by pleading that he was in employment
elsewhere. It is in the statement of the Investigating Officer
that Sri Chand was an employee in a Sugar Mill at
Nawanshahr. However, the concerned appellant did not
adduce any evidence to prove that he was at his place of job
at the relevant point of time. He could have adduced the
best documented evidence by producing the attendance
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record of the Sugar Mill. However, Sri Cahnd did not take
any steps to prove that plea of alibi.
12. So far as Darshan Kaur (wife of Sri Chand and
deceased’s mother-in-law) is concerned, she did not even
raise a plea of alibi because there is not even an averment
that she was in job elsewhere. Furthermore, there is no
evidence whatsoever to prove that Jaswant Lal and his
deceased wife Harpal Kaur were separate in mess and
residence from the other accused persons. In the impugned
judgment, the High Court has rightly observed that:-
“1. Harpal Kaur (wife of Jaswant Lal and daughter-in-law of Sri Chand and Darshan Kaur, appellants) died an unnatural death within few months of her marriage;
2. The appellants are not even averred to have intimated death of Harpal Kaur to members of hear natal family;
3. The appellants were found missing from their house when Tarsem Lal, father of deceased
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lady, Daya Singh, Member Panchayat and Gurmukh Singh, Investigating Officer went over there;
4. The appellants are not even proved to have been present at the time inquest proceedings were held and the post-mortem examination of dead-body of Harpal Kaur was conducted.”
13. In view of the above, we do not find any reason to
interfere with the decision of the High Court. The Criminal
Appeal is accordingly dismissed and the bail bonds of the
accused-appellants stand cancelled. They shall surrender
forthwith to serve out the remaining period of the sentence,
failing which, the trial court is directed to take appropriate
steps for sending them to prison to undergo the remaining
period of sentence.
…………………………….J. (M.Y. Eqbal)
…………………………….J.
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(Abhay Manohar Sapre) New Delhi, September 19, 2014.
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