As per case facts, Paramjit Kaur, after her first marriage ended in a settlement, remarried. She subsequently faced persistent demands for this settlement amount and harassment from the accused, leading ...
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-S-467-SB-2004
Reserved on :14.05.2026
Pronounced on : 11.08.2026
AMARJIT KAUR AND ANOTHER ...APPELLANTS
V/S
STATE OF PUNJAB ...RESPONDENT
CORAM: HON’BLE MR. JUSTICE SUBHAS MEHLA
Present: Mr. Rajinder Kumar Singla, Advocate for appellant No.1.
Proceedings qua appellant No.2 abated in view of order dated
08.04.2025.
Mr. Anup Singh, AAG, Punjab.
***
SUBHAS MEHLA, J.
1. The present appeal has been filed assailing the judgment of
conviction dated 31.01.2004 and order of sentence of even date passed by
learned Additional Sessions Judge, Sangrur, whereby the appellants were held
guilty and convicted for commission of offences punishable under Sections
304-B and 498-A of the Indian Penal Code (hereinafter referred to as ‘IPC’).
2. Vide the impugned order of sentence, both the appellants were
convicted for offences punishable under Sections 304-B and 498-A of IPC,
and were sentenced as follows:-
Offence under
Section(s)
Sentence Fine In default of
payment of fine
304-B of IPC RI for 07 years
each
___
498-A of IPC RI for 01 year
each
Rs.5,000/-
each
To undergo RI for 02
months.
Both the sentences were ordered to run concurrently.
CRA-S-467-SB-2004 2
3. During the pendency of the present appeal, appellant No.2-
Jagmail Dass expired and in view of order dated 08.04.2025 passed by
co-ordinate Bench of this Court, the appeal stood abated qua him.
Consequently, the present appeal survives only qua appellant No.1-Amarjit
Kaur, mother-in-law of the deceased Paramjit Kaur.
BRIEF FACTS
4. The prosecution case, as unfolded during trial, is that Paramjit
Kaur was earlier married to one Harpal Dass. The said marriage did not
survive and was dissolved through a panchayati settlement. It is the case of
the prosecution that a sum of Rs.90,000/- was received by the parental family
of Paramjit Kaur pursuant to the said settlement. Thereafter, Paramjit Kaur
was married to Jagmail Dass (Appellant No.2). According to the prosecution,
after the marriage, the accused persons repeatedly demanded payment of the
aforesaid amount of Rs.90,000/- from the deceased and subjected her to
harassment and maltreatment on account thereof. Unable to bear the
harassment and cruelty meted out to her, Paramjit Kaur consumed poison and
died in her matrimonial home.
5. Upon completion of investigation, final report under Section 173
of Cr.P.C. was presented against both the accused - Jagmail Dass and Amarjit
Kaur. Charges under Sections 304-B and 498-A of IPC were framed vide order
dated 04.01.2002 passed by learned Additional Sessions Judge, Sangrur, to
which both the accused pleaded not guilty and claimed trial.
6. In order to substantiate the charges, the prosecution examined 15
witnesses and also led documentary evidence. PW-1 Dr. Badri Dass, Medical
CRA-S-467-SB-2004 3
Officer, who conducted the post-mortem examination on the dead body of
Paramjit Kaur, proved the Post-Mortem Report Ex.PA. On the basis of the
report of the Chemical Examiner Ex. PD, he opined that the cause of death
was poisoning due to consumption of an organophosphorus compound,
sufficient to cause death in the ordinary course of nature. PW-2 Karam Chand,
father of the deceased, and PW-3 Palwinder Dass, brother of the deceased,
deposed regarding the first marriage of Paramjit Kaur with Harpal Dass, the
written settlement Ex.PE pursuant to which a sum of Rs.90,000/- was
received, the subsequent marriage of Paramjit Kaur with Jagmail Dass, and
the alleged demand of Rs.90,000/- by the accused, coupled with harassment
and maltreatment of the deceased on that account and the telephonic
communication received shortly before the occurrence. PW-2 Karam Chand
also proved the FIR Ex.PD and the wedding card pertaining to the second
marriage Ex.P-1 and the list Ex.PG which enlists the dowry articles given at
the time of second marriage. PW-4 Sarwan Singh, Ex-Sarpanch, deposed
regarding the continuing dispute concerning the aforesaid monetary demand
and the circumstances preceding the occurrence. PW-5 Bimal Kumar, a
shopkeeper, proved the receipt relating to purchase of a refrigerator by Karam
Chand. PW-6 Pritpal Singh, Sarpanch, proved the agreement relating to
dissolution of the earlier marriage of Paramjit Kaur with Harpal Dass and
payment of Rs.90,000/- pursuant thereto. PW-7 Dalbara Singh, Transport
Clerk in the office of the SDM, Dhuri, proved from the official record the
registration of the scooter in the name of Jagmail Dass. PW-8 Nirmal Singh,
a shopkeeper, proved the receipt relating to the purchase of a BPL colour
CRA-S-467-SB-2004 4
television. PW-9 Balwinder Dass, owner of a furniture house at Ahmedgarh,
proved the receipt relating to the purchase of a box bed and sofa set. PW-10
Kuldeep Singh proved the receipt relating to the purchase of two iron boxes.
PW-11 HC Balbir Singh proved DDR No.25 dated 19.09.2001 Ex.PM.
PW-12 ASI Gurbhajan Singh, who had partly investigated the case, deposed
regarding the arrest of appellant No.1-Amarjit Kaur and the recovery of dowry
articles, including two iron boxes, a refrigerator, a television, the scooter, box
beds and a dressing table, vide recovery memo Ex.PH, besides proving the
relevant arrest and personal search memos. PW-13 HC Narinder Singh
tendered his affidavit Ex.PP in evidence. PW-14 Inspector Joginder Singh, the
Investigating Officer, deposed regarding the investigation of the case,
including sending the dead body for post-mortem vide police request Ex.PC,
taking into possession the belongings of the deceased vide memo Ex.PS, the
agreement Ex.PE, bills/receipts Mark-A to Mark-R and Ex.PL, Ex.PJ, Ex.PK
and Ex.PI, the wedding card Ex.P-1 and the arrest of the accused persons.
PW-15 HC Balwinder Singh tendered his formal affidavits Ex.PV and Ex.PX
in evidence.
7. After completion of the prosecution evidence, the statements of
the accused were recorded under Section 313 of Cr.P.C., wherein the
incriminating circumstances appearing against them in the prosecution
evidence were put to them. The accused denied the allegations and pleaded
innocence. The defence also examined three witnesses in support of its case.
DW-1 Piara Singh and DW-2 Bhim Ram deposed that deceased Paramjit Kaur
had been brought to the house of the accused by way of Karewa ceremony,
CRA-S-467-SB-2004 5
that there was no demand of dowry and that she had never been maltreated or
harassed by the accused; they also stated that Jagmail Dass was residing
separately from Amarjit Kaur. DW-3 Sukhwinder Singh deposed regarding
the first marriage of Paramjit Kaur with his nephew Harpal Dass.
8. Upon appreciation of the evidence, the trial Court concluded that
the prosecution had succeeded in establishing all the ingredients constituting
offences punishable under Sections 304-B and 498-A of IPC and consequently
convicted and sentenced the accused as mentioned hereinbefore.
CONTENTIONS ON BEHALF OF APPELLANT NO.1-AMARJIT KAU R
9. Learned counsel appearing on behalf of the appellant submitted
that the judgment of conviction rendered by the trial Court is not based upon
a correct appreciation of the evidence available on record and, therefore,
deserves to be set aside. It was argued that the prosecution witnesses have
materially improved their versions while appearing before the Court and that
there is no reliable evidence establishing any demand of dowry by appellant
Amarjit Kaur. Learned counsel further contended that the allegations levelled
against the appellant are omnibus and general in nature and no specific overt
act has been attributed to her.
10. Learned counsel further argued that the actual reason behind the
commission of suicide by Paramjit Kaur was the social stigma attached to her
second marriage, as her earlier marriage with Harpal Dass had not been
dissolved through a decree of a competent Court. According to the learned
counsel, the deceased was not accepted by society as the legally wedded wife
CRA-S-467-SB-2004 6
of Jagmail Dass and the resultant mental distress compelled her to take the
extreme step.
11. It was further contended that the prosecution story regarding
demand of Rs.90,000/- is inherently improbable as PW-2 Karam Chand
himself admitted that the amount received from Harpal Dass pursuant to the
earlier settlement had already been spent on the second marriage of Paramjit
Kaur and that the accused were aware of the said fact. Therefore, according to
learned counsel, there was no occasion or reason for the accused to insist upon
payment of an amount which, to their knowledge, had already been spent.
12. Lastly, it was contended that the marriage between Jagmail Dass
and Paramjit Kaur could not be regarded as a valid marriage in the eyes of law
since the first marriage of Paramjit Kaur had never been dissolved by a decree
of divorce granted by a competent Court. On the aforesaid premises, learned
counsel prayed for acquittal of the appellant.
CONTENTIONS ON BEHALF OF RESPONDENT-STATE
13. Per contra, learned State counsel has supported the impugned
judgment and order of sentence by submitting that the prosecution has
succeeded in proving, with cogent and reliable evidence, that the deceased
died an unnatural death within seven years of marriage and that she was
subjected to cruelty and harassment in connection with a monetary demand
shortly before her death.
14. Learned State counsel submitted that the findings recorded by the
trial Court are based upon a proper appreciation of the oral as well as
documentary evidence available on record. It was contended that the
CRA-S-467-SB-2004 7
testimonies of PW-2 Karam Chand and PW-3 Palwinder Dass consistently
establish that the deceased was being subjected to harassment and cruelty in
connection with a demand of Rs.90,000/- and that such harassment continued
till shortly before her death. Learned State counsel submitted that the
telephonic communication received by PW-2 approximately one week prior
to the occurrence clearly satisfies the requirement of “soon before death” as
contemplated under Section 304-B of IPC.
15. Learned State counsel further contended that the so-called
omissions and improvements highlighted by the appellant pertain only to
peripheral aspects and do not affect the core prosecution case regarding the
demand of money and the harassment suffered by the deceased. It was argued
that the evidence of PW-2 and PW-3 cannot be discarded merely on the ground
that they are closely related to the deceased, particularly when their
testimonies are natural, consistent and inspire confidence.
16. It was further submitted that the plea regarding invalidity of the
second marriage is wholly misconceived as the evidence on record establishes
that the deceased and Jagmail Dass were residing together as husband and wife
and a female child was born from the said union. Apart from that, marriage
card Ex P-1 is also on record to establish the factum of marriage. Learned State
counsel contended that no evidence whatsoever has been led by the defence
to establish that the deceased committed suicide on account of any social
stigma attached to the said marriage.
17. Learned State counsel further argued that once the prosecution
succeeded in establishing that the deceased died an unnatural death as proved
CRA-S-467-SB-2004 8
by medical evidence i.e. report of Chemical Examiner Ex PD, within seven
years of her marriage and that she had been subjected to cruelty and
harassment in connection with a monetary dowry demand soon before her
death, the statutory presumption under Section 113-B of the Indian Evidence
Act (hereinafter referred to as the ‘I.E. Act’) stood attracted. It was submitted
that the appellant failed to rebut the said presumption by leading any cogent
evidence and, therefore, the trial Court rightly recorded conviction. On the
aforesaid premises, prayer has been made for dismissal of the appeal.
OBSERVATIONS AND ANALYSIS
18. Heard and record perused.
19. Having considered the rival submissions and perused the record,
the following questions arise for determination:-
(i) Whether the prosecution case is liable to fail on account of the
alleged invalidity of the marriage between Paramjit Kaur and
Jagmail Dass?
(ii) Whether the prosecution has succeeded in establishing the
foundational ingredients of Section 304-B of IPC?
(iii) Whether the prosecution has proved that the deceased was
subjected to cruelty or harassment in connection with a demand
of dowry soon before her death?
(iv) Whether the statutory presumption under Section 113-B of
the I.E. Act stands rebutted?
i) Alleged invalidity of marriage between Paramjit Kaur and Jagmail Dass
20. Learned counsel for the appellant has argued that the earlier
marriage of Paramjit Kaur with Harpal Dass was never dissolved through a
CRA-S-467-SB-2004 9
decree passed by a competent Court and, therefore, the subsequent marriage
with Jagmail Dass could not be regarded as a valid marriage in the eyes of
law. It has further been contended that the deceased was facing social stigma
on account of the said circumstance and that such social stigma, rather than
any alleged dowry demand, led to the commission of suicide.
21. The evidence available on record consistently establishes that
Paramjit Kaur entered into a matrimonial alliance with Jagmail Dass and
thereafter resided in her matrimonial home. PW-2 Karam Chand and PW-3
Palwinder Dass have deposed regarding the solemnization of her second
marriage. It has further come on record that a female child was born from the
said union. Significantly, the defence itself does not dispute that the deceased
was residing with Jagmail Dass and appellant-Amarjit Kaur at the time of the
occurrence. So, this plea of appellant is devoid of merit.
22. The Hon'ble Supreme Court in Reema Aggarwal v. Anupam,
(2004) 3 SCC 199 observed that provisions enacted to combat cruelty and
dowry-related offences cannot be permitted to be defeated by adopting an
unduly technical or restrictive interpretation of the marital relationship
between the parties.
“9. … Consequently, the evils sought to be curbed are distinct and
separate from the persons committing the offending acts and there
could no impediment in law to liberally construe the words or
expressions relating to the persons committing the offence so as to
rope in not only those validly married but also any one who has
undergone some or other form of marriage and thereby assumed for
himself the position of husband to live, cohabitate and exercise
authority as such husband over another woman….
…
CRA-S-467-SB-2004 10
18….If the validity of the marriage itself is under legal scrutiny, the
demand of dowry in respect of an invalid marriage would be legally
not recognizable. Even then the purpose for which Sections 498A
and 304B Indian Penal Code and Section 113B of the Indian Evidence
Act, 1872 (for short the 'Evidence Act') were introduced cannot be lost
sight of. Legislations enacted with some policy to curb and alleviate
some public evil rempant (sic) in society and effectuate a definite
public purpose or benefit positively requires to be interpreted with
certain element of realism too and not merely pedantically or hyper-
technically. The obvious objective was to prevent harassment to a
woman who enters into a marital relationship with a person and later
on, becomes a victim of the greed for money. …. If such restricted
meaning is given, it would not further the legislative intent. On the
contrary, it would be against the concern shown by the legislature for
avoiding harassment to a woman over demand for money in relation
to marriages….It would be appropriate to construe the expression
'husband' to cover a person who enters into marital relationship and
under the colour of such proclaimed or feigned status of husband
subjects the woman concerned to cruelty or coerce her in any manner
or for any of the purposes enumerated in the relevant provisions -
Sections 304B/498A, whatever be the legitimacy of the marriage itself
for the limited purpose of Sections 498A and 304B Indian Penal Code.
Such an interpretation, known and recognised as purposive
construction has to come into play in a case of this nature. The absence
of a definition or "husband" to specifically include such persons who
contract marriages ostensibly and cohabitate with such woman, in the
purported exercise of his role and status as 'husband' is no ground to
exclude them from the purview of Section 304B or 498A Indian Penal
Code, viewed in the context of the very object and aim of the
legislations introducing those provisions.”
23. In the present case, no evidence has been led by the defence to
establish that the alleged legal infirmity in the marriage had any nexus with
the occurrence in question. More importantly, the prosecution case cannot fail
CRA-S-467-SB-2004 11
merely because a technical objection is raised regarding the validity of the
marriage when the evidence consistently establishes that the deceased and
Jagmail Dass were residing together in a matrimonial relationship and the
deceased died while residing in her matrimonial home. This fact also finds
support from the defence evidence, which affirms that the deceased was
residing in the house of appellant No.2-Jagmail Dass.
24. Equally untenable is the contention that the deceased committed
suicide owing to social stigma allegedly attached to the second marriage. No
evidence whatsoever has been led by the defence to substantiate the said plea.
The witnesses examined in defence have failed to bring on record any incident
or specific instance to establish that the deceased was facing social
ostracisation or psychological distress on account of the alleged legal infirmity
in the marriage. The aforesaid contention, therefore, remains a mere
hypothesis unsupported by evidence.
25. This Court, therefore, finds no merit in the contention that the
prosecution case is liable to fail on account of the alleged invalidity of the
marriage or that the death of the deceased was attributable to any social stigma
arising therefrom.
ii) Foundational Ingredients of Section 304-B of IPC
26. For attracting culpability for the offence punishable under
Section 304-B of IPC, the prosecution is required to establish the following:-
(i) the death of a woman was caused otherwise than under normal
circumstances, such as by burns, bodily injury or otherwise;
(ii) such death occurred within seven years of marriage;
CRA-S-467-SB-2004 12
(iii) the deceased was subjected to cruelty or harassment by her
husband or his relatives; and
(iv) the cruelty or harassment was in connection with, or in
relation to, any demand for dowry, and such cruelty or
harassment was soon before her death.
27. In the present case, the first two ingredients stand conclusively
established from the evidence on record. PW-1 Dr. Badri Dass conducted the
post-mortem examination on the dead body of Paramjit Kaur. Though no
external injury was detected, the viscera was preserved and sent for chemical
examination. Upon receipt of the report of the Chemical Examiner, the witness
opined that the cause of death was poisoning by organophosphorus compound,
sufficient to cause death in the ordinary course of nature. The medical
evidence, therefore, conclusively establishes that Paramjit Kaur died an
unnatural death.
28. It is equally undisputed that the marriage of Paramjit Kaur with
Jagmail Dass had taken place approximately four years prior to the
occurrence. Consequently, the death occurred within seven years of marriage.
29. The first two foundational ingredients of Section 304-B of IPC
thus stand duly established.
30. The remaining ingredients, namely, whether the deceased was
subjected to cruelty or harassment in connection with a demand of dowry and
whether such cruelty or harassment was inflicted soon before her death, shall
be examined while dealing with Issue No.(iii).
CRA-S-467-SB-2004 13
iii) Cruelty or Harassment Soon Before Death
31. PW-2 Karam Chand categorically deposed that after the
marriage, both accused persons started insisting that the amount of
Rs.90,000/-, received by the complainant party upon settlement of the earlier
matrimonial dispute of Paramjit Kaur, be paid to them. He further deposed
that despite being informed that the amount had already been spent on the
second marriage of Paramjit Kaur, the accused continued insisting upon
payment thereof and subjected the deceased to harassment and maltreatment.
32. PW-2 further stated that on 12.09.2001, approximately one week
before the occurrence, Paramjit Kaur telephonically informed him that
accused Jagmail Dass and Amarjit Kaur were beating her and demanding
Rs.90,000/-. He assured her that he would visit after arranging some money.
However, when he reached the matrimonial home on 19.09.2001, he found
her lying dead.
33. The testimony of PW-2 finds material corroboration from PW-3
Palwinder Dass, who deposed on similar lines regarding the demand of
Rs.90,000/-, the harassment meted out to the deceased and the telephonic
communication received shortly before her death.
34. Learned counsel for the appellant has argued that the demand of
Rs.90,000/- is inherently improbable because the prosecution witnesses
themselves admitted that the amount had already been spent and that the
accused were aware of the said fact.
35. This Court is unable to accept the aforesaid submission. The
prosecution case is not that the accused were unaware of the expenditure
CRA-S-467-SB-2004 14
incurred by the family of deceased Paramjit Kaur. Rather, the consistent
prosecution version is that despite being informed repeatedly that the amount
had already been spent, the accused continued insisting upon payment thereof.
A demand does not cease to be a demand merely because the person from
whom it is sought expresses inability to satisfy the same.
36. The testimony of PW-4 Sarwan Singh also lends assurance to the
prosecution version. PW-4 deposed that Karam Chand had informed him
regarding the continuing dispute concerning the amount of Rs.90,000/- and
that approximately one week prior to the occurrence the said dispute still
persisted. Though PW-4 was not an eye-witness to the acts of cruelty, his
testimony indicates that the grievance regarding the monetary demand existed
prior to the occurrence and was not projected for the first time after the death
of Paramjit Kaur.
37. Significantly, PW-4 further deposed that on 19.09.2001 Karam
Chand and Palwinder Dass had gone to the village of the accused after
arranging some money and that Karam Chand had borrowed a sum of
Rs.10,000/- from him. Though the witness did not state that the said amount
was intended to be paid to the accused, the aforesaid circumstance materially
corroborates the testimony of PW-2 that shortly before the occurrence the
deceased had telephonically complained about the demand of Rs.90,000/- and
that he had assured her that he would visit after arranging some money.
38. The testimonies of PW-2, PW-3 and PW-4, when read conjointly,
establish the existence of a continuing demand of Rs.90,000/- till shortly
before her death. The telephonic communication received by PW-2
CRA-S-467-SB-2004 15
approximately one week prior to the death, coupled with the evidence
regarding his efforts to arrange money thereafter, furnishes a proximate and
live link between the harassment complained of and the death that ensued
shortly thereafter. The requirement of “soon before death” therefore stands
satisfied.
iv) Statutory presumption under Section 113-B of the I.E. Act
39. From the evidence discussed hereinabove, this Court is satisfied
that deceased Paramjit Kaur died an unnatural death within seven years of
marriage and that she was subjected to cruelty and harassment in connection
with a demand of dowry soon before her death.
40. Once the aforesaid foundational facts stood established, the
presumption under Section 113-B of the I.E. Act became operative against the
accused.
41. The burden, therefore, shifted upon the accused to rebut the
aforesaid presumption. In the present case, however, the appellant has not
been able to place on record any convincing material to rebut the statutory
presumption. Apart from a bare denial of the allegations and the plea that the
deceased committed suicide for reasons unconnected with the alleged demand
of dowry, no cogent material has been brought on record to probabilise any
alternative explanation for her death or to otherwise dislodge the prosecution
case.
42. The contention of learned counsel for the appellant that the
allegations against appellant-Amarjit Kaur are general and omnibus in nature
also does not merit acceptance. As noticed hereinabove, PW-2 specifically
CRA-S-467-SB-2004 16
attributed the demand of Rs.90,000/- and the resultant harassment to both the
accused persons. PW-3 likewise deposed that both the accused persons were
demanding the aforesaid amount and maltreating the deceased on that account.
Significantly, the telephonic communication received by PW-2 shortly before
the occurrence also specifically referred to both Jagmail Dass and Amarjit
Kaur. Thus, the appellant has not been implicated merely on account of her
relationship with the husband of the deceased; rather, the prosecution
witnesses have attributed to her participation in the demand and the
consequent harassment.
43. The Court is conscious that PW-2 and PW-3 are closely related
to the deceased. However, it is well settled that the testimony of a related
witness cannot be discarded merely on account of relationship. As noticed
hereinabove, their evidence, insofar as the role attributed to appellant-Amarjit
Kaur is concerned, has been found to be consistent and worthy of reliance. In
Kans Raj v. State of Punjab, (2000) 5 SCC 207, the Hon'ble Supreme Court
has held that the evidence of close relatives in a case of dowry death cannot
be discarded merely on the ground of their relationship with the deceased, if
otherwise found reliable.
44. It is also significant that no material has been placed on record
by the defence to show that appellant-Amarjit Kaur was residing separately
and, therefore, could not have been involved in the acts of cruelty and
harassment attributed to her. No document such as a ration card, any certificate
issued by the Sarpanch of the village, or any other material has been brought
on record to establish that she was residing separately from the deceased and
CRA-S-467-SB-2004 17
her husband Jagmail Dass. In the absence of any such material, and
particularly in view of the specific attribution made by PW-2 and PW-3 as
noticed hereinabove, the contention that the allegations against the appellant
are merely general or omnibus cannot be accepted. The said contention,
therefore, does not assist the appellant in rebutting the statutory presumption
arising under Section 113-B of the I.E. Act.
45. Consequently, this Court finds that the presumption arising under
Section 113-B of the I.E. Act remains unrebutted. The prosecution case,
therefore, receives statutory support, and the burden cast upon the appellant
remains undischarged.
Analysis of the Impugned Judgement of Conviction
46. To arrive at the conclusion of guilt, the relevant observations
recorded by the learned trial Court read as under:
13. The learned defence counsel has in the first place
argued that the prosecution charges against the accused U/s.
394-B IPC is not proved as the marriage between the accused,
Jagmail Dass and Paramjit Kaur, since deceased, is not proved.
He has argued that, in fact, Paramjit kaur, since deceased was
legally wedded wife of Harpal Dass. I have considered the
contention of the learned defence counsel, but find no merit in it.
It is a proved fact on record that Paramjit Kaur previously
married to Harpal Dass and their marriage did not take off.
Within a month differences arose between them and their
marriage was dissolved vide a writing Ex. PE (proved by PW-2,
Karam Chand and PW-6 Pritpal Singh). Towards settlement, she
received a cash sum of Rs. 90000/- from her first husband. That
shows the severence of her ties with her first husband. After
getting rid of her first husband, she contracted second marriage
with present accused, Jagmail Dass. PW-2 Karam Chand PW- 3
Palwinder Singh and PW-4 Sarwan Singh and PW-6 Pritpal
Singh have testified regarding the factum of second marriage
between Paramjit Kaur, since deceased and accused Jagmail
CRA-S-467-SB-2004 18
Dass present in the court. Then there is the wedding card Ex.P-1
also showing the second marriage between the two. As per the
defence also Karewa ceremony between the accused, Jagmail
Dass and Paramjit Kaur, since deceased was performed. This fact
has been sworn even by DW-1 Piara Singh and DW-2 Bhim Ram.
Thus, Paramjit Kaur, since deceased, was legally wedded wife of
the accused, Jagmail Dass. Karewa marriage is also a recognized
from the marriage. I go even a step further and hold that even if
a man and woman are living in the same house as husband and
wife, for the purpose of sec. 304-B IPC or 498-A IPC, they will
be considered husband-and wife. In such like criminal cases, the
court is not supposed to go into the detail of marriage like the one
in Hindu Marriage Act cases. Thus, in the present case I hold that
there is more than sufficient evidence to prove that Paramjit Kaur,
since deceased, was the legally wedded wife of accused, Jagmail
Dass.
14. Now it stands proved that Paramjit Kaur w/o
accused Jagmail Dass has died an un-natural death living in the
house of the accused persons and within seven years of their
marriage. There-upon the- evidence of maltreatment of Paramjit
Kaur, since deceased by her husband, Jagmail Dass and mother-
in-law Amarjit Kaur, who insisted for a cash sum of Rs. 90000/-
from the deceased all go to prove beyond reasonable doubt the
prosecution's charges against the accused Jagmail Dass and
Amarjit Kaur the death of Paramjit Kaur was unnatural, within
seven years from her marriage and the accused persons failed to
prove it otherwise.
15. The learned defence counsel then argued that there
are improvements in the statements made by PW-2 Karam Chand
and PW-3 Palwinder Singh. I have considered their statements
and have also compared them with their statements U/S. 161 Cr.
PC recorded by the police during investigation, but find no
material improvement or discrepancy or contradiction as far as
the material details regarding the occurrence are concerned.
Minor details are bound to escape or added in the statements of
witnesses made before the police or in the court, but that does not
demolish their testimony if they otherwise stand the test of cross-
examination. The prosecution testimony is quite natural. There is
no reason for the complainant party to falsely implicate or drag
the accused persons into the criminal litigation. Paramjit Kaur
died after consuming poison in her matrimonial home and shortly
after the marriage. No happily living married woman would take
CRA-S-467-SB-2004 19
this extreme step. The accused persons failed to prove that the
death of Paramjit Kaur was in natural course.
47 A perusal of the aforesaid findings shows that the learned trial
Court duly considered the material contentions raised on behalf of the accused
and examined the same in the light of evidence available on record. The
reasoning adopted by the trial Court, is based upon proper appreciation of the
evidence and applicable legal principles, and the conclusions reached by the
learned trial Court are neither perverse nor contrary to the evidence on record.
This Court, therefore, finds no illegality, material misreading of evidence or
perversity warranting interference in the impugned judgement of conviction.
CONCLUSION
48. Thus, upon an overall consideration of the facts of the case,
evidence on record and the prevailing laws, this Court finds that the
prosecution has succeeded in establishing that Paramjit Kaur died an unnatural
death within seven years of her marriage and that she was subjected to cruelty
and harassment in connection with a demand of dowry (monetary) soon before
her death. The evidence led by the prosecution inspires confidence and
has remained substantially unshaken during the cross-examination. The
circumstances brought on record are sufficient to attract the presumption
under Section 113-B of the I.E. Act, which the appellant has failed to rebut.
49. Consequently, this Court is of the considered view that the trial
Court rightly held the accused persons guilty of offences punishable under
Sections 304-B and 498-A of IPC. No perversity, illegality, misreading of
CRA-S-467-SB-2004 20
evidence or omission of material evidence has been pointed out which may
warrant interference by this Court in exercise of appellate jurisdiction.
50. Accordingly, finding no merit in the present appeal, the same is
dismissed. The judgment of conviction dated 31.01.2004 and the order of
sentence of even date passed by learned Additional Sessions Judge, Sangrur
are affirmed.
51. Since the appeal already stands abated qua appellant No.2-
Jagmail Das on account of his death, the conviction and sentence of appellant
No.1-Amarjit Kaur alone shall remain operative.
52. Pending miscellaneous application(s), if any, also stand(s)
disposed of.
53. The Registry is directed to transmit the trial Court record
forthwith to the quarter concerned along with a copy of the present judgment.
(SUBHAS MEHLA)
JUDGE
11.08.2026
Manisha
Whether Speaking/Reasoned: YES/NO
Whether Reportable: YES/NO
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