As per case facts, the deceased died within seven years of marriage, leading to allegations of dowry demand and harassment by her in-laws. Initially, the parents reported an accidental death ...
CRA-D-557-DB-2004 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGA RH
(101) CRA-D-557-DB-2004
DATE OF DECISION: 03.09.2025
Kuldeep and others ........Appellants
VERSUS
State of Haryana .........Respondent
CORAM HON’BLE MRS. JUSTICE MANJARI NEHRU KAUL
HON’BLE MRS. JUSTICE RAMESH KUMARI
Present Mr. Vikas Malik, Advocate and
Mr. Inderpreet S. Sohal, Advocate, (Amicus Curiae)
for appellants no.1 and 3.
Appeal qua appellant no.2 (since died) abated
vide order dated 28.07.2025.
Mr. Rajat Gautam, Addl. AG, Haryana.
***
RAMESH KUMARI, J
1. This appeal has been filed against the judgment of conviction and
order of sentence dated 31.05.2004, rendered by learned Additional Sessions
Judge, Rohtak in Sessions Case No.8 of 20.01.2004, in FIR No.182 dated
09.09.2003, under Sections 304-B, 201 IPC and Section 25 of Arms Act,
registered at Police Station Sadar Rohtak. All three appellants were held guilty and
convicted under Sections 498-A and 304-B IPC read with Section 34 IPC. The
appellants are not convicted under Sections 302 and 201 IPC but there was no
specific order regarding their acquittal under these two sections in the impugned
judgment. Appellant no.1 Kuldeep is also acquitted under Section 25 of Arms Act.
Vide separate detailed order on quantum of sentence, all the three
appellants were sentenced to undergo rigorous imprisonment for life and to pay
fine of Rs.10,000/- each, in default of payment of fine to further undergo rigorous
imprisonment for a period of three years for offence punishable under Section
304-B read with Section 34 IPC. They are also sentenced to undergo imprisonment
for a period of two years and to pay fine of Rs.2,000/- each and in case of default
CRA-D-557-DB-2004 2
of fine, further rigorous imprisonment for a period of six months for offence
punishable under Section 498-A read with Section 34 IPC. It is further ordered
that both the sentences shall run concurrently.
Being aggrieved, all the three appellants preferred the appeal in
hand. Appellant no.2 Hawa Singh died during the dependency of appeal and
appeal qua him was abated vide order dated 28.07.2025.
2. FACTS OF PROSECUTION CASE
Facts of the prosecution case as per report under Section 173 Cr.P.C are that
PW6 Rajpal, father of two sons and two daughters moved an application Ex. PE
dated 08.09.2003 seeking action against the three appellants.
The allegations against the appellants in application Ex.PA are that
complainant married his daughter Poonam, since deceased to appellant no.1
Kuldeep on 11.12.2000. He gave sufficient dowry in the marriage and spent
Rs.2,00,000/-. Soon after marriage, appellant no.1 Kuldeep and his parents i.e
appellants no.2 and 3 Hawa Singh and Raj Bala used to taunt Poonam for bringing
dowry. She used to apprise about it to him. As and when Poonam used to come
she used to apprise them weepingly.
There are further allegations in the Ex.PE that in August 2001,
Poonam was turned out from her matrimonial home by giving beatings by
appellants and sister-in-law Savita alleging that she has not brought dowry
according to their status. They demanded a motor cycle. After 10/15 days, in the
interest of his daughter, PW6 Rajpal went to village Bahu Akbarpur in the house
of her in-laws along with 3/4 persons of his village including his brothers Dharam
Raj, Satbir and one Kartar Singh and gave a sum of Rs.25,000/- to appellants no.2
and 3 (Hawa Singh and Raj Bala) in lieu of motorcycle. Poonam was not kept in
the house of her in-laws properly but again she was turned out of matrimonial
home for the demand of Rs.1,00,000/- for starting shop for appellant no.1 Kuldeep
(her husband) at Rohtak. Thereafter, PW6 Rajpal along with his brother PW10
CRA-D-557-DB-2004 3
Ved Pal went to the house of appellants on 26.07.2003 along with Poonam and
told the appellants that PW6 Rajpal is a poor person and has not sufficient amount
to fulfill their demands but within a period of one month, he would pay them more
money and left Poonam in their matrimonial home. While he was returning back
appellant no.1 Kuldeep asked that in case the amount is not sent, its consequences
will be bad. On that day, they came to know that on 04.09.2003, appellant no.1
Kuldeep along with his parents and sister-in-law killed Poonam for not bringing
Rs.1,00,000/-. Appellants have also cremated the dead body of Poonam without
informing them. After returning to village Bahu Akbarpur PW6 Rajpal satisfied
himself that these dowry seekers had killed his daughter and have done great
crime. By way of moving complaint Ex.PE, he prayed for initiating action against
them.
INVESTIGATION
3(i) Initially the investigation was carried out by PW-11 SI Rajinder
Singh. He visited the place of occurrence, prepared site plan Ex.PM. Regular site
plan Ex.PC was got prepared on 04.12.2003 from draftsman C. Sumit Kumar
PW3.
3(ii) On 15.09.2003, all the three appellants were arrested. On the basis of
disclosure statement Ex.PG dated 15.09.2003 of appellant no.1 Kuldeep country
made pistol Ex.P2 of 315 bore was got recovered from him, allegedly used for
killing Poonam. Its sketch Ex.PJ was prepared.
One blood stained Gudara Ex.P3 and blood stained Baan Ex.P4 of
the cot were taken into possession vide recovery memo Ex.PH, site plan EX.PM of
place of recovery was also prepared. Burnt bone pieces and ash of the dead body
were also recovered from the cremation ground at the instance of appellant no.1
Kuldeep and were taken into possession vide recovery memo Ex.PK. These
recoveries were attested by Vedpal PW10 and EHC Shri Krishan (given up as
CRA-D-557-DB-2004 4
being unnecessary). On the basis of recovery of country made pistol, offence
punishable under Section 25 of Arms Act was also added.
3(iii) The parcels were sent to FSL, Madhuban and vide its report EX.PO,
human blood was found on Baan Ex.P4, burnt bones were found of human origin
and pistol Ex.P2 was found as fire-arm in working order.
3(iv) On 20.11.2003 marriage card Ex.P1 of Poonam with appellant no.1
Kuldeep was taken into possession vide recovery memo Ex.PD.
3(v) Sanction Ex.PF from District Magistrate, Rohtak for trial of
appellant no.1 Kuldeep for offence punishable under Section 25 of Arms Act was
obtained.
4. After completion of investigation, challan was presented against
appellants in the Court of learned Illaqa Magistrate.
The case was committed to the Court of Sessions vide order dated
13.01.2004 by the then learned Addl. Chief Judicial Magistrate, Rohtak.
CHARGES
5. All the three appellants were charged for committing offences
punishable under Sections 498-A, 304-B, 201, 302 IPC and Section 25 of Arms
Act to which they pleaded not guilty and claimed trial.
5(i) Prosecution examined 12 witnesses and tendered report Ex.PO of FSL and
closed prosecution evidence.
STATEMENTS OF APPELLANTS AND THEIR PLEA
6. Statements of appellants under Section 313 Cr.P.C were recorded by
the learned trial Court. Appellant no.1 pleaded that on the fateful day of
04.09.2003, Raj Singh his next door neighbour was with him in his house. When
he asked his wife Poonam, since deceased, to take money, as he had to go to
market to purchase some articles, she went to chhaubara to bring money from his
mother and while she was coming down, accidentally she fell down from the roof
on the ground. Her head directly struck against the floor. She suffered head
CRA-D-557-DB-2004 5
injuries and became unconscious. On hearing alarm, several neighbours came
there including Suman, sister of his wife. Doctor was called, who after examining
Poonam, declared her dead. He sent telephonic message to Work Manager,
Haryana Roadways Workshop, Rohtak where his father Hawa Singh (since died)
appellant no.2 and his father-in-law PW6 Rajpal were working. He also made
telephonic call at the house of Satbir, uncle of his wife in village Sanghi. The
police was also called. His father-in-law PW6 Rajpal also made enquiries and
after being satisfied that it was accidental death of Poonam and there was no fault
on his part, they gave statements to the police and dead body of Poonam was
cremated in their presence. Later on, a false case was registered against them. He
also pleaded that after the marriage, Poonam was never harassed nor they
demanded or given dowry articles by her parents. She lived with him happily and
enjoyed matrimonial life till her death. His parents appellants no.2 and 3 took the
same plea.
DEFENCE EVIDENCE
7. Appellants in defence have examined DW1 ASI Mahin der Singh,
DW2 Surjan, DW3 Dhanraj Singh Kundu, Works Manager, DW4 Ashok Kumar
Mechanic and DW5 Suresh.
8. After perusal of prosecution evidence and defence evidence as well
as statements of the witnesses, learned trial Court rendered the judgment of
conviction and order of sentence as discussed in para no.1 of this judgment.
9. We have heard Mr. Vikas Malik, Advocate for the appellants and Mr.
Inderpreet Singh, Amicus Curiae for appellants no.1 and 3 and Mr. Rajat Gautam,
learned Additional Advocate General, Haryana for respondents and have gone
through the file carefully.
ARGUMENTS OF LEARNED AMICUS CURIAE
10.(i) Learned counsel for the appellants No. 1 and 3 as well as Amicus
Curiae contend that learned trial Court has committed error in passing the
CRA-D-557-DB-2004 6
judgment of conviction and order of sentence. The marriage of Poonam with
Kuldeep was solemnized on 11.12.2000. She lived in her matrimonial home
happily. No demand of dowry in any form was made. She was never harassed and
never turned out of matrimonial home. Appellants never demanded a motorcycle
and Rs.1,00,000/- from Poonam or her parents. Her death on 04.09.2003 was
accidental as she fell down from the staircase of the roof of her house. Learned
trial Court wrongly invoked Sections 113(B) and 106 of the Evidence Act against
the appellants.
10.(ii) Learned Amicus Curiae contends that learned trial Court has not
appreciated the statement of DWI ASI Mahinder Singh, who recorded the
statement of PW6 Rajpal, father of deceased, PW9 Kitabo Devi, mother of
deceased and PW10 Vedpal, uncle of deceased and other relatives vide Ex.DB, DD
and DG that death of Poonam was by accident and they have no objection if body
was cremated. Learned trial Court also given the findings that body of Poonam
was cremated in the presence of PW6 Rajpal and other family members and there
is unexplained delay of 4 days in lodging the FIR which is afterthought. Had
accused committed dowry death of Poonam, her parents would not have let her
body cremated without her postmortem.
10.(iii) Learned trial Court, on the one hand, is suspicious of the conduct of
DW1 Mahinder Singh, who was the first one to visit the spot and recorded the
statements of parents and other relatives of Poonam but on the other hand learned
trial Court also disbelieved the evidence of PW6 Rajpal, father of deceased, PW9
Kitabo Devi, mother of deceased and PW10 Vedpal, uncle of deceased to the
effect that they have thumb marked and signed blank papers which were later on
converted into their statements Ex.DB, DD and DG. If their statements were
recorded by DW1 ASI Mahinder Singh and this witness thumb marked and signed
these statements and it was not signed on blank papers, in that eventuality, the
statement of DW1 ASI Mahinder Singh cannot be doubted.
CRA-D-557-DB-2004 7
10.(iv) Alleged recovery of country made pistol from appellant no.1
Kuldeep was not believed by the learned trial Court and appellant no.1 Kuldeep
was acquitted of the charge framed under Section 25 of Arms Act. Once the
prosecution acquitted appellant no.1 Kuldeep under Section 25 of Arms Act, the
prosecution story that Poonam was shot dead with fire arm is totally dis-believable
and cannot be accepted.
10. (v) Learned trial Court also rendered the finding that there was neither
demand of motorcycle in August 2021 nor of Rs.1,00,000/-. Once, this fact finding
has been recorded then the harassment of Poonam on the ground of demand of
dowry does not arise at all and the ingredient of Section 304-B IPC are missing,
Section 113-B of Evidence Act, cannot be invoked.
10. (vi) The trial Court convicted the appellants on the basis of statements of
PW6 Rajpal, father of deceased, PW9 Kitabo Devi, mother of deceased and PW10
Vedpal, uncle of deceased. They are interested witnesses and their statements
regarding demand of motor cycle and Rs.1,00,000/- dowry are not believed by the
learned trial Court but the general allegations of demand of dowry are believed.
Their statements are not trustworthy and they are deposing against the appellants
only at the instance of police whereas in their initial statements recorded by DW1
Mahinder Singh, they did not doubt the death of Poonam being allegedly caused
by appellants.
10. (vii) Learned counsel and Amicus Curiae further contend that Suman,
cousin of Poonam, since deceased, was the best witness to depose whether
Poonam was ever mal-treated or harassed or tortured for demand of dowry but she
is not examined neither cited as witness nor examined which is fatal to the case of
prosecution.
Pointing out the findings of the learned trial Court in their favour and
the statement of these witnesses, learned Amicus Curiae vehemently prayed for
CRA-D-557-DB-2004 8
acquittal of the appellants for the offence they have been convicted and sentenced
to.
ARGUMENTS OF LEARNED STATE COUNSEL
11. Learned State counsel supported the impugned judgment and order
of conviction. He contends that appeal has been filed with absolute false and
baseless allegations which is liable to be dismissed. Learned trial Court has rightly
invoked Sections 106, 113-B and 32 of Evidence Act against the appellants no.1
and 3. In support of his contention, learned State counsel relied upon oral and
documentary evidence led by the prosecution before learned trial Court.
DISCUSSION
12.(i) Upon hearing learned Amicus Curiae for appellants no.1 and 3 and
perusal of record as well as paper book and learned trial Court’s record, it
transpires that appellant no.1 Kuldeep was married with Poonam, since deceased,
on 11.12.2000 and her death took place on 04.09.2003 and appellant no.2 Hawa
Singh (since died) is father of appellant no.1 Kuldeep and appellant no.3 Raj Bala
is his mother. Meaning thereby, she died within seven years of solemnization of
her marriage with appellant no.1 Kuldeep.
12. (ii) Undisputedly, no postmortem report on her body was conducted and
there is no medically approved case of death of Poonam. Appellants are convicted
under Sections 304-B read with Section 34 IPC and 498-A IPC read with Section
34 IPC, which defines and provides the punishment for dowry death reads as
under:-
304B. Dowry death.—
(1)Where the death of a woman is caused by any burns or bodily
injury or occurs otherwise than under normal circumstances within
seven years of her marriage and it is shown that soon before her
death she was subjected to cruelty or harassment by her husband
or any relative of her husband for, or in connection with, any
demand for dowry, such death shall be called “dowry death”, and
CRA-D-557-DB-2004 9
such husband or relative shall be deemed to have caused her
death.
Explanation.— For the purpose of this sub-section, “dowry” shall
have the same meaning as in section 2 of the Dowry Prohibition
Act, 1961 (28 of 1961).(2)Whoever commits dowry death shall be
punished with imprisonment for a term which shall not be less than
seven years but which may extend to imprisonment for life.
Section 113-B of Indian Evidence Act inserts statutory
presumption as to dowry death. This Section reads as under:-
Section 113 B
1. Presumption as to dowry death.--When the question is
whether a person has committed the dowry death of a woman
and it is shown that soon before her death such woman has
been subjected by such person to cruelty or harassment for, or
in connection with, any demand for dowry, the Court shall
presume that such person had caused the dowry death.
Explanation.--For the purposes of this section, "dowry death"
shall have the same meaning as in Section 304B, of the Indian
Penal Code, (45 of 1860).
Hon’ble Supreme Court in Gurmeet Singh Vs. State of Punjab, AIR 2021 SC
2616 held that
“ Section 304-B(1) IPC defines ‘dowry death’ of a woman. It
provides that ‘dowry death’ is where death of a woman is
caused by burning or bodily injuries or occurs otherwise than
under normal circumstances, within seven years of marriage,
and it is shown that soon before her death, she was subjected
to cruelty or harassment by her husband or any relative of her
husband, in connection with demand for dowry. Further,
Section 304-B(2), IPC provides punishment for the aforesaid
offence.
This Court, in the recent judgment of Satbir Singh v. State of
Haryana, Criminal Appeal Nos. 1735-1736 of 2010 summarized the law under
Section 304-B, IPC and Section 113B, Evidence Act as under:
CRA-D-557-DB-2004 10
“i. Section 304-B, IPC must be interpreted keeping in
mind the legislative intent to curb the social evil of bride
burning and dowry demand.
ii. The prosecution must at first establish the existence of
the necessary ingredients for constituting an offence
under Section 304-B, IPC. Once these ingredients are
satisfied, the rebuttable presumption of causality,
provided under Section 113-B, Evidence Act operates
against the accused.
iii. The phrase “soon before” as appearing in Section
304-B, IPC cannot be construed to mean ‘immediately
before’. The prosecution must establish existence of
“proximate and live link” between the dowry death and
cruelty or harassment for dowry demand by the husband
or his relatives.
iv. Section 304-B, IPC does not take a pigeonhole
approach in categorizing death as homicidal or suicidal
or accidental. The reason for such non categorization is
due to the fact that death occurring “otherwise than
under normal circumstances” can, in cases, be
homicidal or suicidal or accidental.”
Similar opinion is expressed in Kans Raj v. State of Punjab, (2000)
5 SCC 207; Rajinder Singh v. State of Punjab, (2015) 6 SCC 477.
12. (iii) In the present case, as observed earlier, since death of Poonam
took place on 04.09.2003 and her marriage was performed on 11.12.2000, her
death being taken place within seven years of marriage is proved. Now it is for the
prosecution to prove that her death was by burning or bodily injuries or occurs
otherwise than under normal circumstances.
12. (iv). It is to examine whether the prosecution proved the existence
of dowry demand “soon before her death”.
CRA-D-557-DB-2004 11
Now, here the evidence of prosecution witnesses became all the
more important. The evidence of three witnesses i.e PW6 Rajpal, father of
deceased, PW9 Kitabo Devi, mother of deceased and PW10 Vedpal, uncle of
deceased is to be scrutinized.
12.(v) PW6 Rajpal in his examination-in-chief proved statement Ex.PE
recorded by SI Rajinder Singh. He when subjected to cross examination and stated
that EX.PE was got typed by his brother. He was with him at that time. He also
stated that Suman, daughter of Satbir is married with Anil, a collateral of Kuldeep.
His house is nearby house of appellant no.1 Kuldeep in the same locality.
Marriage of Suman and Poonam was solemnized on the same day in the house of
his brother Satbir. She is still living in her matrimonial home.
This part of the statement of PW-6 Raj Pal proved that his niece
Suman is married with the cousin of appellant-Kuldeep and residing in the
neighbourhood. She was best witness to depose about the conduct of appellants
with Poonam with regard to demand of dowry but she is not joined in the
investigation neither cited as a witness. Thus, the best available witness is
withheld by the prosecution for reasons known to it fully knowing that had she
been examined in the Court, she would have thrown light on the relationship of
Poonam with her husband.
PW6 Rajpal also deposed that appellants started harassing and
torturing her daughter after one year of her marriage. He also alleged that
Panchayat was convened on two occasions, and no other Panchayat was convened.
He also stated that they did not make any complaint to any authority regarding
demand of Rs.25,000/- or motorcycle or Rs.1,00,000/-. Had any demand been
made by the accused, they would have made any complaint to the higher
authorities or in the department, where he is working with appellant-Hawa Singh
(since died), because PW-6 Raj Pal also deposed that he himself and appellant
no.2 Hawa Singh were working in Haryana Roadways, Rohtak depot. He never
CRA-D-557-DB-2004 12
made any complaint to the department against Hawa Singh, appellant no.2 (since
died).
At another stage of his cross-examination, he deposed that he
borrowed Rs.10,000/- from neighbourer Ram Pal s/o Deep Chand and rest of
Rs.15,000/- was arranged by him for giving Rs.25,000/-. He could not repay the
said borrowed amount of Rs.10,000/-. No person from village Bahu Akbarpur was
present at the time of giving Rs.25,000/-. No writing was executed at the time.
There was no writing for giving assurance to him by the accused person. Demand
of Rs.1 lac after one year of payment of Rs.25,000/-. At that time, Poonam stayed
with him for 15 days before being taken to her matrimonial home. He was not in a
financial position to give Rs.1 lac. He did not report the matter to police, since the
matter pertains to his daughter. He also did not report the matter to the police
regarding aforesaid threat extended by appellants Kuldeep. Till the date of
recording of his statement, he had not made any complaint against appellants
persons except Ex.PE.
PW-6 Raj Pal admitted his signature on complaint Ex. DB but
alleged that his signature was obtained on blank paper.
12. (vi) PW9 Kitabo Devi, mother of the deceased, in her
examination-in-chief also levelled the same allegations as are stated by PW6
regarding demand of dowry in the form of motorcycle and Rs.1,00,000/- and
giving of Rs.25,000/- in cash to appellants in lieu of Motorcycle. She also stated
that please took them to the house of somebody else where their signatures and
thumb impressions were obtained on blank paper on the pretext that Poonam was
to be medically examined.
She when subjected to cross-examination stated that her daughter
was harassed by appellants persons after one year of her marriage when she was
sent to her matrimonial home for the first time. Her daughter was never got
medically examined. They never made any complaint to any authority or any
CRA-D-557-DB-2004 13
person against the mis-behaviour of appellants. They paid aforesaid amount of
Rs.25000/- after one year of sending Poonam to her in-laws and after two years of
her marriage. Rs.1,00,000/- was demanded after 10-15 days of the payment of
Rs.25000/-. They never made any complaint to any authority against appellants
persons prior to lodging complaint Ex. PE.
PW-9-Kitabo, at another stage of cross examination deposed that
Rs.12,000/- was borrowed from her brother-in-law Satbir and the rest of Rs.13,000
was arranged by them from the cash in hand for the said payment of Rs.25,000/-.
Amount borrowed from Satbir Singh has not been paid back to him.
She also deposed that she does not know who sent telephonic
message regarding the death of Poonam on 04.09.2023. Her husband, brothers
three in number, Kartara Singh, uncle of her husband and they four other ladies
reached Bahu Akbarpur at about 02:00 pm or 02:30 pm. She also stated that about
10 gents and 4-5 ladies were present in the house of appellants persons. Gents
were sitting outside the house. Dead body was lying in the backside room of their
house. After seeing the dead body, they informed the police, which reached there
within 30 minutes. Police remained there for half an hour, they did not make any
enquiry from any person as to how Poonam died. But they had made up their mind
after seeing dead body. When police left the place, within 30 minutes thereafter
they also left that place and come to their village. Her brother-in-law and her
husband remained at Rohtak Police station. She did not go to PGI MS Rohtak. She
had inadvertently mentioned regarding her visit to PGI MS Rohtak whereas she
had not gone. Only her husband and brother-in-law had gone.
12.(vii) PW10 Vedpal in his examination-in-chief also corroborated
the statement of PW6 Rajpal and PW9 Kitabo Devo and he is eye witness of
recoveries i.e Baan, Godara and pistol vide Ex.PH and recovery memo vide which
pieces of bone and ash were recovered vide EX.PK.
CRA-D-557-DB-2004 14
PW10 Vedpal when subjected to cross-examination stated that he had
told to the police that on 04.09.2003, on receiving telephonic information
regarding death of Poonam he alongwith his brothers Rajpal, Dharam Pal, Kartar
Singh and 2-3 ladies alongwith Satbir reached village Bahu Akbarpur and found
the dead body of Poonam in the house of her in-laws on the ground, they made a
telephonic call to the police, in the wake of which police reached there and
obtained their signatures on blank papers. He was confronted with the contents of
Ex.DE, wherein this fact is not recorded. He in his examination-in-chief has
improved his testimony than what was recorded under Section 161(4) Cr.P.C. At
another stage of his cross-examination, he stated that they stayed in village Bahu
Akbarpur on 04.09.2003 for two hours i.e around 02:30 pm, police was there when
they left the village. They reached PGIMS, Rohtak at about 03:30 pm and waited
for the police there upto 06:00 pm. They did not visit to DC or IG police at
Rohtak. On the next day they did not visit till 08.09.2003 to any authority. He
time and again reiterated that on 04.09.2003 police obtained signatures of Rajpal,
Satbir, himself and Dharam Raj on blank sheets. On 04.09.2003, Balbir, his
brother-in-law Sunil and Parkash son of Balbir were also with them. Their
signatures were obtained at the same time. He alleged that at that time nothing was
written on the paper, on which their signatures were obtained on blank papers in
the presence of so many persons.
12.(viii) If parents of deceased along with others including PW-10, Ved Pal
reached the in-laws house of deceased Poonam on the day of her death, then their
conduct is extremely unnatural. They did not enquire from any person how their
daughter died. Had they been suspicious about the death of Poonam, they would
have got lodged FIR against the accused immediately then and there. Rather they
got recorded their statements Ex.DB, DD and DG recorded to DW1 ASI Mahinder
Singh and thereafter took the plea that their signatures were obtained on blank
paper by the police. It is not possible that the police and DW-1 ASI Mahinder
CRA-D-557-DB-2004 15
Singh would have obtained the signatures of parents of the deceased who
assembled in the house of accused alongwith large number of persons on blank
papers.
12(ix) On the other hand, the appellants have examined DW1 ASI
Mahinder Singh, who was first to visit the spot and he specifically stated that on
04.09.2003, he went to village Bahu Akbarpur in connection with death of
Poonam wife of appellant no.1 Kuldeep. Dead Body of Poonam was lying at her
matrimonial home. Many persons were present there. They questioned the
presence of police and asked to go away as they do not want any action by the
police and have arrived at a compromise. Appellants were not present at their
house, however, parents, brother and 6-7 persons from the side of deceased were
present outside the house of appellants. He asked them to make the statements to
which they replied that they do not want any action and want to cremate Poonam
without postmortem as they were satisfied with the cause of death of Poonam. He
recorded the statements of Rajpal, Kitabo and joint statement of Dharam Raj, Ved
Pal, Balbir, Parkash, Satbir and Sunil. Ex. DB, DD and IG are the true and correct
photostate copies of those statements, under his handwriting and SHO was
informed on the telephone about the situation to which he replied that after
recording the statements whatever he feel proper, he should do it and should
proceed as per wishes of the parties. After returning from the spot, he gave original
statements to SHO Bijender Singh. Statements Ex. DB, DD and DG were given by
the parties voluntarily and without any pressure or threat.
His examination reveals that only he attended the crime meeting in
the office of IG, Rohtak and he returned back to Police Station around 12 or 12:30
pm and only this was entered in rojnamcha but his arrival was not recorded. He
also went to village Bahu Akbarpur without making any entry in rojnamcha and
returned from village Bahu Akbarpur around 06:30 pm and entry in this regard
was made in rapat. Additional entry of last two and half lines was made by
CRA-D-557-DB-2004 16
C. Ramesh Kumar, who was working as Asstt. Clerk in Police Station, at his
instance because he had not specifically mentioned regarding his visit to Bahu
Akbarpur which is not disputed by PW6 Rajpal, PW9 Kitabo Devi and PW10
Vijaypal. Therefore, non mentioning of time in the rapat regarding visit is not
important. It is another matter that departmental proceedings are going on against
him in connection with this case which is regarding interpolation of DDR No.30
and for giving copies of those statements to the opposite party, when they file the
bail application but the recording of statements vide Ex. DB, DD and DG by this
witness is not challenged by the State/prosecution. The learned trial Court in its
judgment in para no.22 observed that “complainant Raj Pal PW6, Kitabo PW9
and Ved Pal PW10 have stated that their signatures and thumb impressions were
obtained when these were blank papers, but these statements are not trustworthy,
especially when it is stated by them that they were taken in the house of
neighbourer by the police. If it was so, then there was no rhyme or reason for ASI
Mahinder Singh to obtain their signature or thumb impressions on blank papers
and then later on to prepare the same. Otherwise, also from the perusal of these
documents, it is very clear that these documents were written in normal and
natural course writing the document in the same flow. There is no attempt to
adjust the space with regard to the places of signatures/thumb impressions, Ex.DG
also shows that thumb impression of Balbir was obtained when body of the
document was already written including his name, as well name of other witness
Satbir. Moreover, had thumb impression been obtained prior to writing document
then, in all probabilities, names of all witnesses would have been written on the
blank space after giving sufficient space around it but it seems that thumb
impression was put after the writing of the names of the witnesses and not vice-
versa.” Therefore, the statement of prosecution witnesses Raj Pal PW6, Kitabo
PW9 and Ved Pal PW10 that their statements were written and signatures were
obtained on blank papers were rightly not believed by the learned trial Court. In
CRA-D-557-DB-2004 17
para no.23 of the impugned judgment learned trial Court further observed that
“Moreover, explanation of these witnesses for giving their signatures and thumb
impressions to the police does not inspire confidence that these were obtained for
sending the dead body for postmortem examination and that too of so many
persons on three different papers. Signature and thumb impression would have
been obtained only at the time of handing over the dead body after postmortem
examination and that too only to the legal heirs and not to so many persons. It is
very clear that this lame excuse has been extended by these PWs only in order to
come up from their said statements given to the police at that time.” These
observations of the learned trial Court and perusal of evidence and statements and
first recorded statement to DW-1 ASI Mahinder Singh, proved that initially,
parents of Poonam i.e. PW6 and PW9 and uncle PW10- Ved Pal did not have
suspicion regarding the unnatural death of Poonam and opted not to lodge any FIR
against the accused and FIR is lodged by way of moving complaint Ex.PE, after
four days of death of Poonam. Her dead body was also cremated without
postmortem in the presence of her parents and other relatives and the learned trial
Court did not believe that the dead body of Poonam was cremated in the absence
of her parents.
Commenting heavily on the conduct of Investigating Officer SI
Rajender Singh PW-11, learned trial Court in para 26 of the impugned judgment
observed that
“26. It is also very sorry state of affair to note that
Rajender Singh PW11 has stated that PWs Rajpal and the complainant party were saying
to him that at that time they were subject to pressure and so, Poonam was cremated in
their presence, but he did not record their statements, in this regard thinking that writing
statements in this regard would adversely affect the prosecution case. It shows that he
was not properly discharging his official duties and conducted the investigations
impartially to find out the truth but becoming party in favour of the complainant and
against the accused.”
CRA-D-557-DB-2004 18
Learned trial Court also observed in para no.39 of the judgment
that “all three material witnesses have been cross-examined at length. They have
been groomed to a great extent. But it is very clear that on material aspects of
harassment of the deceased, at hands of appellants persons on account of dowry,
their evidence is trustworthy and reliable. But their evidence regarding specific
demand of motor cycle of August 2001 and later demand of Rs. 1,00,000/- or that
the dead body was cremated in their absence are not trustworthy or reliable. They
were not children, for being befooled by the police for going away from the spot to
PGIMS Rohtak, without the dead body or they would have waited there
indefinitely, allowing the cremation in their absence especially, when they were so
many persons. They had informed the police. At that time there was also no rhyme
or reason for the police to be party for one or, against the other. It is very clear
that under some constraints or pressure may be due to some compromise, they that
time did not require the postmortem of the dead body and allowed its cremation
but later on they became wise. Because of their this conduct, it cannot be said that
appellants would come out from the crime they committed.”
12.(x) If the alleged demand of motorcycle and Rs.1,00,000/- by the
appellants from Poonam or her parents is not proved by the prosecution during
trial as concluded by learned trial Court then, the general and vague allegations
that appellants were not satisfied with the dowry and were demanding dowry and
harassing Poonam cannot be believed. Prosecution has to prove what kind of
dowry was allegedly being demanded by the appellants from deceased or her
parents. The vague allegations regarding the demand of dowry or subjecting the
deceased to cruelty are general in nature. If the demand of motor cycle and
Rs. 1 Lac are not proved, general allegations of demand of dowry, cruelty or
harassment of Poonam by appellants cannot be believed and appellants cannot be
linked to the death of Poonam. Moreover, the appellants has come up with
CRA-D-557-DB-2004 19
explanation regarding the death of Poonam that when she went upstairs to take
money from appellants/appellant no.3 at the asking of appellants/appellant no.1
Kuldeep, she fell down and suffered injuries on her head. Section 106 of Evidence
Act cannot be invoked against the appellants. The appellants would have simply
claimed innocence and ignorance regarding the cause of death of Poonam as no
postmortem was conducted on the dead body of Poonam, inspite of the fact that
her parents and other relatives visited her home on the fateful day of 04.09.2003.
The accused Kuldeep has already been acquitted under Section 25 of Arms Act,
therefore, the allegation that the accused caused the death of Poonam by gun shot
injury are already disbelieved by the learned trial Court. In the absence of
postmortem the cause of death is not proved and her death as a result of cruelty
cannot be proved. Section 113-B of Evidence Act can only be invoked against the
appellants, in case, the prosecution proved that she was subjected to cruelty or
harassment by the appellants in connection with any demand of dowry.
CONCLUSION
In view of above analysis of prosecution evidence, the only
conclusion that can be drawn is that learned trial Court committed error by
rendering the judgment of conviction and consequent order of sentence. The
appellants are acquitted of charges for the offences for which they are convicted
and sentenced. Their bail bonds and surety bonds also stand discharged.
Miscellaneous application(s) if any, also stand(s) disposed of.
(MANJARI NEHRU KAUL) (RAMESH KUMARI)
JUDGE JUDGE
03.09.2025
mamta/sonia/pooja saini
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
Legal Notes
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