As per case facts, Angrejo married Naib Singh and faced persistent demands for a motorcycle, harassment, and beatings. She informed her family of these issues and continued demands a day ...
No Acts & Articles mentioned in this case
CRA-S-2311-SB-2004(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRA-S-2311-SB-2004(O&M)
Reserved on:28.08.2025
Date of Order:05.09.2025
Naib Singh ..Appellant
Versus
State of Haryana ..Respondent
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present: Mr. Atul Lakhanpal, Sr. Advocate, with
Mr. R.S.Chahal, Advocate,
Mr. Karun Jain, Advocate, for the appellant.
Mr. Ved Parkash, Sr. DAG, Haryana.
SHALINI SINGH NAGPAL , JUDGE
1. This appeal is directed against the judgment of conviction dated
27.10.2004 and order on quantum of sentence dated 29.10.2004 of the Court
of learned Additional Sessions Judge, Fatehabad.
2. Vide impugned judgment and order, appellant-Naib Singh was
convicted under Section 304-B and 498-A IPC while co-accused Seeta
Singh and Bant Kaur were acquitted of the charges. Appellant-Naib Singh
was sentenced as under:-
Under Section 304-B Rigorous imprisonment for a period of seven
years and to pay a fine of Rs.5000/-. In default
of payment of fine, to further undergo rigorous
imprisonment for a period of two months.
Under Section 498-A Rigorous imprisonment for a period of two
years and to pay a fine of Rs.1000/-. In default
of payment of fine, to further undergo rigorous
imprisonment for a period of fifteen days.
Both sentences were ordered to run concurrently.
3. Narrative of the prosecution case, in the report under Section
CRA-S-2311-SB-2004(O&M) -2-
173 Cr.P.C., is that on 11.04.2002, complainant-Labh Singh son of Mange
Ram lodged a complaint with ASI Balbir Singh, who was on patrol duty,
stating that he was resident of village Dhamtan Sahib and was an
agriculturist. They were three brothers and two sisters, he being the eldest
followed by his sister Angrejo, Darbara, Ramphal and Mukesh. Angrejo
was married two years ago with Naib Singh son of Sita Singh, resident of
village Damkora. Dowry articles such as T.V., fridge, cooler, double bed,
gold ornaments, clothes etc. were given at the time of marriage, as per their
means. After some days of the marriage, in-laws of his sister started
harassing and taunting her for not bringing Hero Honda motorcycle. His
sister was thrashed and sent to the parental home with demand of motorcyle.
A panchayat of village Damkora and Dhamtan Sahib was convened and
Angrejo was sent back on the assurance of Sarpanch-Mithu Singh of village
Damkora.
4. Complainant further stated that on 09.04.2002, Sarpanch-Mithu
Singh telephonically informed that they should come and take Angrejo back.
Thereupon, on 10.04.2002, he and his family members including his nephew
Abhey Ram reached village Damkora and met Mithu Singh. They also met
Angrejo, who told them that demand of motorcycle was being repeatedly
raised. She further informed that her husband-Naib Singh, father-in-law-Sita
Singh and mother-in-law-Bant Kaur thrashed her. They prevailed upon
Angrejo and assured that they would return the next day, advising her not to
take any wrong step. He, Abhey Singh, Ganga Bishan, Panch Block Samiti
and Raj Kumar, Panch visited village Damkora, where they learnt that
Angrejo was lying dead on the double bed, in burnt condition. He suspected
that his sister Angrejo was burnt by her husband-Naib Singh, father-in-law
CRA-S-2311-SB-2004(O&M) -3-
Sita Singh and mother-in-law Bant Kaur on account of demand for
motorcycle. Legal action was prayed for.
5. On the complaint, case under Section 498-A/304-B/34 IPC was
registered. Investigation was commenced, proceedings under Section 174
Cr.P.C. were initiated, statements of witnesses were recorded and site plan
was drawn up. Dowry articles were recovered. Naib Singh, Sita Singh and
Bant Kaur were arrested. On completion of usual formalities of
investigation, challan was presented in the Court.
6. Copies of challan were supplied to the accused free of costs as
envisaged under Section 207 Cr.P.C.
7. Vide order dated 02.07.2002, learned Sub Divisional Judicial
Magistrate, Tohana, committed the case to the court of learned Additional
Sessions Judge(I), Fatehabad.
8. The court charged-sheeted Naib Singh (husband), Sita
Singh(father-in-law) and Bant Kaur (mother-in-law) under Section 304-B
IPC and 498-A IPC on 20.12.2002. They abjured their guilt and claimed
trial.
9. The prosecution, in order to prove its case, examined PW1-HC
Ram Kumar, who proved the special report, Ex.P1. PW2-Sube Singh,
Inspector, who prepared the report under Section 173 Cr.P.C., on
26.04.2002. PW3-Balwant Singh, Draftsman, proved the site plan Ex.P2,
which he prepared on 21.04.2002. PW4-Lab Singh narrated prosecution case
as per his his first version, Ex.P3, which he proved. PW5-Abhey Ram son of
Risala, supported the version of PW4-Labh Singh regarding the demand of
Hero Honda Motorcycle and his visit to village Damkora along with Labh
Singh on 10.04.2002 and deposed about the demand of motorcycle as
CRA-S-2311-SB-2004(O&M) -4-
narrated by the deceased. He also deposed regarding the visit to village
Damkora, the day the dead body was seen lying in burnt condition. PW6-
Raj Kumar son of Kanhiya Lal supported the statement of Labh Singh in
material particulars. PW7-Randhir Singh son of Risal Singh accompanied
the police to village Damkora for recovery of dowry articles from the house
of Naib Singh on 14.04.2002 and proved the recovery memo Ex.P4. PW8-
HC Hargian Singh tendered in evidence his affidavit Ex.P5. PW9 HC
Balwant Singh took the dead body of deceased Angrejo for post mortem and
deposed about the sealed parcel made over by the doctor vide memo Ex.P6.
PW10-ASI Tara Chand recorded formal FIR Ex.P1 on rukka Ex.P3 on
11.04.2002 and proved his endorsement Ex.P3/A. PW11 Constable Om
Parkash tendered in evidence his affidavit Ex.P7. PW12-Photographer
Rohtash took photographs Ex.P8 to Ex.P12 of the burnt dead body on
11.04.2002. He also proved the negatives Ex.P13 to Ex.P17. PW13- Dr.
Kusum Gupta conducted post mortem examination on the dead body of
Angrejo on 11.04.2002 and proved the post-mortem report Ex.P28, the
inquest report Ex.P29, ornaments Ex.P19 to Ex.P25 recovered from the dead
body, FSL report Ex.P30. PW14-ASI Balbir Singh, Investigating Officer,
deposed regarding the various steps of investigation. He proved various
documents prepared during investigation.
10. After closure of prosecution evidence, statements of accused
Naib Singh, Sita Singh and Bant Kaur were recorded under Section 313
Cr.P.C. They denied the incriminating evidence as incorrect. Appellant-
Naib Singh stated that he never demanded dowry or Hero Honda motorcycle
from Angrejo; that he was living separately with his wife. He further stated
that he was suffering from Jaundice since long and Angrejo did not wish to
CRA-S-2311-SB-2004(O&M) -5-
live with him due to his prolonged illness. Further, that no one from the
family was present in the house on the day of occurrence and Angrejo was
sleeping in the room. On noticing smoke from the room, some persons broke
open the door and found her dead. The door was bolted from inside. They
informed the parents of Angrejo through Mithu Singh Sarpanch.
11. In defence, the appellant examined DW1-Baldev Singh son of
Ajmer Singh, who claimed to be mediator in the marriage of Naib Singh
and Angrejo. He stated that Sita Singh, Naib Singh and Bant Kaur did not
raise any demand of dowry prior to or at the time of marriage; that Naib
Singh was residing separately from his parents and had separate mess; that
Mange Ram never approached him regarding demand of dowry; that Naib
Singh was suffering from Jaundice after the marriage.
12. Learned trial court, on appreciation of evidence and after
considering the arguments addressed, convicted the appellant and sentenced
him as indicated in the preceding paragraphs.
13. Mr. Atul Lakhanpal, learned senior counsel for the appellant
submitted that learned trial court, vide impugned judgment of conviction
dated 27.10.2004 and order on quantum of sentence dated 29.10.2004,
acquitted the parents-in-law of deceased while recording conviction under
Section 304-B IPC and 498- A IPC against the appellant. Referring to the
complaint, Ex.P3, which formed the basis of FIR, it was canvassed that the
marriage of deceased and the appellant was two years old. Learned counsel
took the court through the statement of complainant-Labh Singh in his
complaint Ex.P3 and during trial as PW-4, submitting that version of the
witness before the court was much improved over his previous statement and
the witness was duly confronted with statement Ex.P3, during cross-
CRA-S-2311-SB-2004(O&M) -6-
examination. Improved version of PW4-Labh Singh could not be relied
upon and the statement was liable to be ignored.
14. Learned counsel for the appellant further referred to cross-
examination of PW4-Labh Singh to submit that there was no demand of
dowry either before the marriage or at the time of marriage. He went on to
argue that the statements of PW4-Labh Singh, brother of deceased, PW5-
Abhey Ram son of Risala and PW6-Raj Kumar son of Kanhiya Lal, co-
villagers of the complainant were hearsay. Cross-examination of PW4-Labh
Singh made it clear that no motorcycle was ever demanded from him by the
appellant and he stated about the demand, on the basis of what deceased said
to him. PW5 and PW6, both conceded that Labh Singh told them regarding
the demand of dowry by the appellant.
15. Learned counsel next submitted that deceased had, in fact,
committed suicide as the appellant was suffering from Jaundice and was not
keeping well for some time. On that account, deceased did not wish to live
with him. In this context, he referred to the statement of Investigating
Officer, PW-14, who conceded that deceased was inside the room when she
caught fire and the door of the room was broken open by inmates of the
house. Learned counsel further canvassed that PW13-Dr. Kusum Gupta,
stated before the court that was was no smell of alcohol, kerosene or petrol
on the body at the time of examination. Thus, it could well be a case of
accidental death.
16. Referring to Karan Singh vs State of Haryana, 2025 ALL SCR
(Crl.) 589, it was urged that prosecution failed to prove the specific
instances of cruelty or harassment for dowry demand and on this ground
alone, appellant deserved to be acquitted of the charges. In this context, he
CRA-S-2311-SB-2004(O&M) -7-
also referred to Rohtash vs. State of Haryana, 2012 (3) SCC(Crl) 287, The
State of Uttarakhand vs. Sanjay Ram Tamta @ Sanju @ Prem Prakash,
2025(2) RCR (Criminal) 61 and Panchanand Mandal @ Pachan Mandal
and another vs. State of Jharkhand, (2014) 1 SCC (Cri) 24, submitting that
evidence of cruelty and harassment in general was not sufficient to attract
304-B IPC.
17. Mr. Ved Parkash, Sr. Deputy Advocate General, Haryana, in
reply, submitted that the evidence of PW4-Labh Singh, PW5-Abhey Ram
and PW6-Raj Kumar was admissible in evidence to prove the demand of
dowry. Referring to the statement of PW13-Dr. Kusum Gupta, it was argued
that the evidence established that deceased suffered 100% burns, thus, the
unnatural death was well proved. He further submitted that the deceased
was married in the year 2000 and died in the year 2002, within two years
and there was sufficient evidence to show that she was subjected to cruelty
and harassment by the appellant, who demanded motorcycle, soon before
her death. He prayed that the appeal be dismissed.
18. To prove the offence under Section 304B IPC against appellant-
Naib Singh, prosecution was required to prove:-
(i) That death of Angrejo was caused by burns or occurred
otherwise than under normal circumstances.
(ii) That her death occurred within seven years of her
marriage.
(iii) That the deceased was subjected to cruelty or
harassment by her husband appellant-Naib Singh.
(iv) That the cruelty or harassment was for, or in
connection with demand for dowry.
(v) That such cruelty or harassment was meted out to the
deceased soon before her death with a view to coerce
CRA-S-2311-SB-2004(O&M) -8-
her parents to meet unlawful demand of dowry.
19. It is in the statement of PW4-Labh Singh, brother of the
deceased, that Angrejo was married with Naib Singh in the year 2000. His
statement regarding the date of marriage was not challenged in cross-
examination. Appellant-Naib Singh too conceded in his statement under
Section 313 Cr.P.C., that he was married with Angrejo on 31.03.2000.
During the course of argument also, no dispute regarding the date of
marriage has been raised. It is, therefore, proved that appellant-Naib Singh
was married with Angrejo on 31.03.2000.
20. As per Ex.P28, post-mortem report, death of Angrejo occurred
on 11.04.2002. The post-mortem report Ex.P28 duly proved by PW-13-Dr.
Kusum Gupta, proves that the cause of death was suffocation due to 100%
burns which were ante-mortem in nature. Prosecution thus successfully
proved that death of Angrejo occurred by burns otherwise than under normal
circumstances. It is quite inconsequential in this proceeding that Dr. Kusum
Gupta, who conducted the post mortem examination on the dead body of
Angrejo, found no smell of alcohol, kerosene or petrol. Statement of
Investigating Officer that Angrejo was inside the room when she caught fire
and door of the room was broken open by inmates of the house is equally
irrelevant. Whether the death was suicidal or accidental, the fact remains
that death was unnatural, caused by shock and suffocation due to 100% burn
which were ante-mortem in nature.
21. The only contentious issues which fall for determination are
points no.(iv) and (v) posed hereinbefore.
22. To prove the same, prosecution has examined Labh Singh as
CRA-S-2311-SB-2004(O&M) -9-
PW4. The sum and substance of his statement before the court is that his
sister Angrejo was married with Naib Singh on 31.03.2000; that sufficient
dowry was given in the marriage as per capacity and customs; that after
marriage Sita Singh, Naib Singh and Bant Kaur started demanding Hero
Honda motorcycle and thrashed Angrejo. He stated that 3-4 times they
visited village Damkora and asked the in-laws not to harass her but to no
avail. Angrejo was turned out of her matrimonial home. Thereafter, a
panchayat from village Damkora came to their village, comprising of Mitthu
Singh Sarpanch, Sita Singh and Naib Singh. Mitthu Singh took away his
sister assuring that she will not be harassed in future. Then, Mitthu Singh
gave a call on 09.04.2002 that 2/4 persons should come and take away
Angrejo as there was a quarrel in the family. On the following day, he along
with his nephew Abhey Ram went to village Damkora, met Mitthu Singh
and told him that the next day, they will bring panchayat. Then, they went to
meet Angrejo in the house of her in-laws, who wept and informed that Sita
Singh, Bant Kaur and Naib Singh used to beat her and demanded Hero
Honda Motorcycle. They consoled Angrejo and told her not to take any
extreme step. On 11.04.2002, he along with Raj Kumar, Abhey, Krishan
went to village Damkora and saw the dead body of Angrejo, lying on double
bed with burn injuries. He reported the matter vide Ex.P3.
23. PW5-Abhey Ram son of Risala, accompanied Labh Si ngh to
village Damkora on 10.04.2002. He supported and corroborated statement of
Labh Singh in material particulars and specifically stated regarding the visit
to the house of the appellant-Naib Singh where Angrejo told them that they
(appellant and his family members) were demanding motorcycle and they
used to beat her, on which they consoled her and assured that they would
CRA-S-2311-SB-2004(O&M) -10-
come back the next day and settle the matter finally.
24. PW6-Raj Kumar son of Kanhiya Lal is another witness, who
deposed about the panchayat convened by parents of Angrejo at village
Dhamtan Sahab, where Mitthu Singh Sarpanch assured that the appellant
and his parents would not harass Angrejo. He also deposed about the
telephone call of Mitthu Singh asking Mange Ram that he should take away
his daughter from village Dhamkora as the in-laws were harassing for
demand of dowry. He visited village Damkora on 11.04.2002 along with
Labh Singh and others, where Angrejo was lying dead with burn injuries.
25. From the statement of PW4-Labh Singh, it comes out that the
demand of Hero Honda motorcycle by the appellant was conveyed to the
witness by deceased-Angrejo. PW5-Abhey Ram has also stated that
deceased told him about the demand of motorcycle. In cross-examination,
he admitted that Labh Singh told him that Naib Singh-appellant, used to
demand motorcycle from Angrejo-deceased.
26. The evidence of PW4-Labh Singh and PW5-Abhey Ram with
regard to the statement made by the deceased is no doubt hearsay but is
admissible under Clause (I) of Section 32 of the Indian Evidence Act, 1872.
Following observations of Hon'ble Supreme Court of India in Amar Singh
vs. State of Rajasthan, AIR 2010 Supreme Court, 3391, may be referred
with advantage:-
“11.Clause (1) of Section 32 of the Indian Evidence Act
provides that statements made by a person as to the
cause of his death, or as to any of the circumstances of
the transaction which resulted in his death, in cases in
which the cause of that person's death comes into
CRA-S-2311-SB-2004(O&M) -11-
question, are themselves relevant facts. In the present
case, the cause of death of the deceased was a question to
be decided and the statements made by the deceased
before PW-4 and PW-5 that the appellant used to taunt
the deceased in connection with demand of a Scooter or
Rs.25,000/- within a couple of months before the death of
the deceased are statements as to "the circumstances of
the transaction which resulted in her death.
12. In Pakala Narayana Swami v. Emperor [AIR 1939
PC 47] Lord Atkin held that circumstances of the
transaction which resulted in the death of the declarant
will be admissible if such circumstances have some
proximate relation to the actual occurrence. The test laid
down by Lord Atkin has been quoted in the judgment of
Fazal Ali, J. in Sharad Birdhichand Sarda v. State of
Maharashtra (supra) and His Lordship has held that
Section 32 of the Indian Evidence Act is an exception to
the rule of hearsay evidence and in view of the peculiar
conditions in the Indian Society has widen the sphere to
avoid injustice. His Lordship has held that where the
main evidence consists of statements and letters written
by the deceased which are directly connected with or
related to her death and which reveal a tell-tale story, the
said statements would clearly fall within the four corners
of Section 32 and, therefore, admissible and the distance
of time alone in such cases would not make the
CRA-S-2311-SB-2004(O&M) -12-
statements irrelevant. The difference in the English Law
and the Indian Law has been reiterated in Rattan Singh v.
State of H. P.(supra) and it has been held therein that
even if the deceased was nowhere near expectation of
death, still her statement would become admissible under
Section 32 (1) of the Indian Evidence Act, though not as a
dying declaration as such, provided it satisfies one of the
two conditions set forth in this sub-section.”
27. In view of the position of law discussed above, the argument of
Mr. Atul Lakhanpal, Sr. Advocate, that evidence of PW4-Labh Singh
regarding statement made by the deceased is hearsay and not admissible, is
without substance. The testimony of PW4-Labh Singh and PW5-Abhey Ram
would not be hit by the rule against hearsay evidence as it related to one of
the circumstances of the transaction resulting in Angrejo's unnatural death.
28. Learned senior counsel for the appellant has argued that
statement of PW4-Labh Singh was marred with improvements with which
he was duly confronted during the course of cross examination and
considering the improved version of PW4-Labh Singh, giving specific
names of the accused, the number of visits to village Damkora etc., no
reliance could be placed on his testimony in the absence of specific
particulars of the demand.
29. The argument of learned counsel for the appellant does not
merit serious consideration. It is not the law that whenever a witness
improves his version, his evidence is to be thrown out and discarded. The
improvements pointed out are minor and not fundamental which strike at
root of prosecution case. Statement of the complainant in the FIR is fully
CRA-S-2311-SB-2004(O&M) -13-
proved by his sworn deposition and the elaboration in the statement in the
Court is of no avail. The improvement in the statement of Naib Singh, does
not effect his credibility as law does not require or expect a truthful witness
to reproduce his first version in a parrot like manner. Human memory has its
own shortcomings and whenever an incident is narrated after some time gap,
some discrepancies are bound to occur.
30. In the wake of testimony of PW4,PW5 and Pw6, it cannot be
held that evidence of cruelty and harassment is general in nature and no
specific instances of cruelty have been narrated.
31. In cases like the present one, the court is required to appreciate
evidence keeping in view the legislative intent while enacting various
provisions to curb the evil of dowry and to secure punishment for the of
offence. [see Satbir Singh vs. State of Haryana, (2021) 6 SCC 1]. Pith of
the case laid in the FIR and brought forth in evidence is that appellant-Naib
Singh was harassing Angrejo in connection with demand of dowry and
raising demand of Hero Honda motorcycle. There could be no reason for a
young woman to end her life by burning just two years after the marriage, if
she was being treated with love and affection in the matrimonial house.
There is no evidence that she had suicidal tendencies and plea of the
appellant that the deceased was reluctant to live with him due to his long
illness (jaundice) has no legs to stand upon. There is no material on record
to prove that the deceased was suffering from any illness. Even otherwise,
that could hardly be a reason for deceased to end her life by burning.
32. Learned defence counsel has tried to make much from the
statement of DW1-Baldev Singh, mediator in the marriage. He has stated
that appellant and his family did not raise any demand of dowry prior to the
CRA-S-2311-SB-2004(O&M) -14-
marriage nor at the time of marriage. Demand of dowry and cruelty in
connection therewith takes place within the precincts of the matrimonial
home. No person other than the close family members living in the same
house and relatives of the wife can be expected to be aware of the demands.
Even if no demand of dowry was raised before or at the time of marriage,
demand could still be raised after marriage. The marriage was just two years
old. There is evidence that deceased informed her family members about the
demands of dowry.
33. Evidence of PW4-Labh Singh, PW5-Abhey Ram and PW 6-Raj
Kumar is found consistent, reliable and completely trustworthy. Their credit
could not be impeached during cross-examination and no material could be
elicited to suggest any falsehood in their version. Finding of learned trial
court that the appellant was responsible for causing cruelty and harassment,
in connection with demand of dowry, therefore, cannot be faulted.
34. In Rajinder Singh Vs State of Punjab, AIR 2015 Supreme
Court, 1359, Hon'ble Apex Court observed that:-
“.....What must be borne in mind is that the word
“soon” does not mean “immediate”. A fair and
pragmatic construction keeping in mind the great social
evil that has led to the enactment of Section 304B would
make it clear that the expression is a relative
expression. Time lags may differ from case to case. All
that is necessary is that the demand for dowry should
not be stale but should be the continuing cause for the
death of the married woman under Section 304B.”
35. In the case before us, consistent version of prosecution
CRA-S-2311-SB-2004(O&M) -15-
witnesses PW4-Labh Singh, PW5-Abhey Ram and PW6-Raj Kumar is that
after marriage, the appellant started demanding Hero Honda motorcycle.
PW4 stated that they had gone 3/4 times to village Damkora and requested
the in-laws not to harass Angrejo. It is on record that Mitthu Singh
Sarpanch of village Damkora called brother of the deceased on 09.04.2002
to take her away as there was quarrel in the family. PW4-Labh Singh and
PW5-Abhey Ram went to meet Angrejo on 10.04.2002, who started
weeping and informed them that the appellant was demanding Hero Honda
motorcycle and used to beat her. Thus, it is proved that the deceased was
continuously subjected to cruelty and harassment by the appellant in
connection with demand of dowry regarding which she informed her brother
one day before her death. There is a proximate and live link between the
dowry death and harassment for dowry demand by the appellant
36. Once the presence of the essential ingredients, (i) to (v) is
established even by preponderance of possibility, the initial presumption of
innocence is replaced by an assumption of guilt of the accused, thereupon,
transferring heavy burden of proof upon him and requiring him to produce
evidence dislodging his guilt, beyond reasonable doubt.
37. Both Sections 304B of IPC and 113-B of Evidence Act were
inserted by Dowry Prohibition (Amendment) Act, 43 of 1986 with a view to
combat the increasing menace of dowry deaths. Section 113-B of Evidence
Act reads as under:
“113-B Presumption as to dowry death – When the
question is whether a person had committed the dowry
death of a woman and it is shown that soon before her
death such woman had been subjected by such person to
CRA-S-2311-SB-2004(O&M) -16-
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 304-B
of the Indian Penal Code (45 of 1860).”
38. According to the definition of “dowry death” in Section 304-B
IPC and the wording in the presumptive Section 113-B of the Evidence Act,
one of the essential ingredients, amongst others, in both the provisions is that
the woman concerned must have been “soon before her death” subjected
cruelty or harassment “for or in connection with the demand of dowry”.
On proof of the essentials mentioned in Section 113-B, it becomes
obligatory on the court to raise a presumption that the accused caused the
dowry death.
39. In the case in hand, there can be no doubt that prosecution has
successfully proved the harassment and cruelty meted out to the deceased
by appellant in connection with dowry demand soon before her death on
11.04.2002. The onus thus shifted on the appellant to rebut the presumption
of Section 113-B of the Evidence Act. The defence of the appellant is not
acceptable and fails to convince. Thus, the presumption as to dowry death
envisaged under Section 113-B of the Evidence Act remains unrebutted.
40. Appellant has been convicted under Section 304-B IPC and also
Section 498-A IPC.
41. In Kamesh Panjiyar vs. State of Bihar, (2005) 2 SCC 388 ,
hon'ble Supreme Court held as under:-
“It is to be noted that Sections 304B and 498A, IPC
CRA-S-2311-SB-2004(O&M) -17-
cannot be held to be mutually inclusive. These provisions
deal with two distinct offences. It is true that cruelty is a
common essential to both the Sections and that has to be
proved. The Explanation to Section 498A gives the
meaning of `cruelty'. In Section 304B there is no such
explanation about the meaning of `cruelty'. But having
regard to common background to these offences it has to
be taken that the meaning of `cruelty' or `harassment' is
the same as prescribed in the Explanation to Section
498A under which `cruelty' by itself amounts to an
offence. Under Section 304B it is `dowry death' that is
punishable and such death should have occurred within
seven years of marriage. No such period is mentioned in
Section 498A. If the case is established, there can be a
conviction under both the sections.”
42. Statements of PW4, PW5 and PW6 prove that the deceased was
subjected to cruelty and harassment by the appellant with a view to coerce
her and her family members to meet his unlawful demand of motorcycle.
The ingredients of the offence under Sections 304B and 498A IPC have
been fully established by prosecution against the appellant. No interference
in the judgment of conviction recorded by learned Additional Sessions
Judge, is called for. Conviction of the appellant under Section 304-B IPC
and 498-A IPC is, therefore, maintained.
43. Judgments referred by learned counsel for the appellant were
rendered on their own facts and are of no help. It is well settled that criminal
matters are to be decided on their own peculiar facts, without any universal
CRA-S-2311-SB-2004(O&M) -18-
generalization.
45. No arguments have been addressed on the point of sentence.
The sentence of 7 years under Section 304-B IPC awarded to the appellant
is commensurate with the gravity of offence. The sentence under Section
498-A IPC is also a balanced one. Section 304-B IPC, however, does not
provide for imposition of fine. Learned trial court appears to have
erroneously ordered the appellant to pay a fine of Rs.5,000/- for the offence
under Section 304-B IPC and also imposed sentence in default of payment
of fine, in violation of the statutory provision. To that extent, the sentence
awarded deserves to be modified. The sentence of fine of Rs.5,000/-
imposed under Section 304 IPC is accordingly set aside.
46. Except for the above modification in sentence, the appeal is
dismissed. Sentence of the appellant was suspended on 13.12.2004. He is
ordered to be taken into custody to undergo the remaining portion of his
sentence.
47. All the pending miscellaneous applications, if any, stand
disposed of.
(SHALINI SINGH NAGPAL)
JUDGE
05
th
September, 2025
nt
Whether speaking/reasoned : Yes/No
Whether reportable : Yes
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