Kuldip Singh and ors. vs State of Punjab

G. S. Chahal, J.

Kuldip Singh, his, father Bahadur Singh and his mother Smt. Pritam Kaur, appellants, have come up in appeal against the judgment and order dated 39 90 of the learned Additional Sessions Judge, Ludhiana vide which they were convicted under section 304B, Indian Penal Code and each of them was sentenced to seven years RI and fine of Rs. 2,000/ or in default, further RI for six months.

Smt. Golan alias Sarbjit Kaur (deceased) d/o Ralla Singh, belonged to village Ramta and was married to Kuldip Singh. This marriage took place about 41/2 months prior to her death on 3789. According to the prosecution allegations, about 15 days before her death. She had gone to her parents village and complained to her mother that her husband, Kuldip Singh appellant had been demanding a gold Karra and Mohar on the basis that her brother had been given these very items at the time of his marriage. Smt. Gurdev Kaur her mother pointed out these facts to her husband Ralla Singh in the presence of Lamberdar Balwinder Singh and Smt. Nasib Kaur, Member of Panchayat who were incidentally sitting there. 3/4 days the reafter Kuldip Singh visited his in laws house and he repeated the demand of these two articles. The parents of Smt. Golan however, showed their inability to fulfil the demand. Smt. Golan was sent with Kuldip Singh to her inlaws house. On the evening of 30789 Smt. Gurdev Kaur went to village Kaunke to inquire about the welfare of her daughter. Smt. Golan told her mother that her husband and her parentsinlaw had been taunting her about deficient dowry, On that night, Smt. Gurdev Kaur had stayed at the house of her daughter''s inlaws and slept in the courtyard in which Smt. Golan and Kuldip Singh also slept. At about 3 a m., she heard shrieks of her daughter and saw that Smt. Golan was ablaze. Smt. Gurdev Kaur threw her own head ear on her to put out the fire. Smt. Golan was, however, substantially, burnt. She told her mother that she had been set on fire by her husband Kuldip Singh; fatherinlaw Bahadur Singh and mother inlaw Smt. Pritam Kaur. Soon thereafter she died of the burn injuries. Smt. Gurdev Kaur left for her village Ramta ad conveyed the incident to her husband Ralla Singh, Lambardar Balwinder Singh, Member of Panchayat Smt. Nasib Kaur and Sadhu Singh. In their company, Smt. Gurdev Kaur proceeded to Police Station, Jagraon ASI Sarup Singh having met them on the way, she made her statement Fx. PF on the basis of which, the case was registered. Dr. Rajiv Bhalla (PW1) carried out the postmortem of Smt. Golan on 1.8.89 and according to his testimony, he made the following observations :

"....The scalp was burnt and the membranes and brain were congested and shrunken and I noted the following injuries. There were burns present all over the body that is 100%. The hair were singed from tile front. The burns were deep in the groin perineal region, neck and face with sooty blackening of the parts of the body. The pleurae were congested, the larynx and trachea and contained sooty black particles. The right and left lungs were congested. The right side of the heart was empty and the left clotted blood.."

In his opinion the cause of death was due to extensive burns (100%), leading to asphvixa, shock and death. The burns were antemortem in nature and sufficient to cause death in ordinary course of nature. Smt. Gurdev Kaur, appearing as PW4, corroborated her statement with respect to the complaint made by the deceased, Smt. Golan about the demand made by Kuldip Singh for a gold Karra and Mohar and of a further demand made by him for these articles on his visit to village Ramta and about the happening at the matrimonial home of Smt. Golan. PW5 Smt. Nasib Kaur, who is a Member of Gram Panchayat stated that in the company of Lambardar Balwinder Singh, she visited the house of Ralla Singh where a complaint was made about the demand made by Golan''s in laws for a gold Karra and Mohar. She assured that she would take Golan to her inlaws and leave her there and make a request that her parents were not in a position to meet that demand. Kuldip Singh had then told that he was not making the demand, but it was in fact, being made by his parents. Thereafter Kuldip Singh had taken Golan with him to his house. After 13/1 days thereafter. Ralla Singh informed her about the death of Golan by burning She had then accompanied Smt. Gurdev Kaur and made her statement to the police. PW6 Balwant Singh is a witness to the recovery of a plastic can, containing kerosene oil and a matchbox from the place of occurrence. Constable Karnal Singh (PW2) arranged for the postmortem of Golan and HC Jagjit Singh (PW3) corroborated the statement of PW6 Balwant Singh. AST Sarup Singh (PW7) is the investigating officer.

The appellants denied the prosecution allegations and claimed the case to be false. While Kuldip Singh and Bahadur Singh claimed that they were present at the Baithak of Gurnam Singh, tailoring the clothes when they received information about Golan having caught fire and they had sent intimation to her parents through Harnam Singh and Kunda Singh. They have been falsely implicated by Lambardar Balwinder Singh at the instance of Member Panchayat Smt. Nasib Kaur. Smt. Pritam Kaur stated that information about death of Golan had been conveyed to her parents and further that no demand was ever made.

Medical evidence of Dr. Rajiv Bhalla confirmed that death was due to burning and was, thus unnatural. It is not disputed that death of Golan occurred at the house of her inlaws. Statement of Smt. Gurdev Kaur PW that Golan had complained to her about the demand being made by her husband with respect to gold Karra and Mohan has been supported by Smt. Nasib Kaur a Member Panchayat and to whom a complaint had been made in presence of Golan (deceased). It is also in the testimony of Smt. Gurdev Kaur that when Kuldip Singh, appellant visited her house, he repeated that demand. When Kuldip Singh was confronted by Smt. Nasib Kaur he had claimed that it was not he himself, but his parents who hid been making that demand, Probably Kuldip Singh was feeling embarrassed about his making the said demand. Obviously, Golan (deceased) no reason to make a wrong statement as to the quarter from where the demand had come. At the time of marriage of Golan''s brother, his in laws had given a gold Karra and Mohar to him and Kuldip Singh, appellant thus, though that he was also entitled to the same. It was Golan''s brother''s marriage that had given rise to this demand. Kuldip Singh had been satisfied by Smt. Nasib Kaur that Golan''s parents were not in a position to meet that demand. Smt. Gurdev Kaur having been assured by Balwinder Singh and Nasib Kaur. Smt. Golan (deceased) was sent in his company to her matrimonial home. Smt. Gurdev Kaur had found that Golan had been sent without the demand being met. She had the natural anxiety to go to her in laws home and inquire about the welfare of Smt. Golan. Seen in this background, presence of Smt. Gurdev Kaur at the house of her in laws cannot be held to be improbable. When Smt. Gurdev Kaur went to the house of Golan''s inlaws, the latter again complained to her about the taunting remarks made to her. In all probability something more happened in the house of her it laws when Smt. Gurdev Kaur appeared there without any further gifts . That induced to the extreme step of suicide taken by Golan. There is no evidence that, in fact, any of the appellants did an act which may support the suggestion of a homicidal death. Whatever remarks Golan made to her mother during the last moments of her life, obviously refer to the treatment meted out to her than to the actual act of murder.

I am not impressed by the argument of the learned counsel about the delay in lodging of the First Information Report. Smt.. Gurdev Kaur PW was, to a great extent, amongst strangers at the house of her soninlaw. Her own relatives, the present appellants, could not be looked for help. The only alternative for her was to go to her own village and get help. The delay was not intended, but forced by the circumstances in which she was placed. The delay is sufficiently explained and cannot be deemed fatal to the prosecution case.

The appellants having given no explanation as to the circumstances in which Golan suffered the burns, in this situation, the presumption under section 113B of the Evidence Act has to be raised. Death of Golan must be held to be a dowry death.

The next question that arises for decision is, as to who amongst, the appellants was, in fact, liable for that offence. When Golan visited her parents house about 15 days earlier to her death, she had made a complaint about the demand only against Kuldip Singh and not against her parentsinlaw. The remarks of Kuldip Singh in presence of Smt. Nasib Kaur that it were his parents who were making the demand, was merely to save himself from embarrassment. Even when Smt. Gurdev Kaur visited her daughter''s inlaws a day prior to the occurrence, Golan had not complained of any demand made by her parentsinlaw with respect to gold Karra and Mohar. She bad only complained about the remarks made by the inlaws about insufficiency of the dowry. In the absence of some other evidence, illtreatment, if any, on account of nonfulfilment of that demand, has to be held to have been meted out by Kuldip Singh appellant alone. The evidence is thus, overwhelming to establish that Kuldip Singh had immediately before the death of Golan, pestered her over bringing of gold Karra and Mohar and she having failed to stand that pressure, took her life. I find no reason to differ from the conclusion reached by the learned Additional Sessions Judge. So far as Kuldip Singh appellant is concerned, I hereby dismiss his appeal and confirm the order of conviction and sentence awarded to him.

With respect to Bahadur Singh and Smt. Pritam Kaur, appellants, their case is not free from reasonable, doubt. I hereby accept their appeal and acquit them of the charges by allowing them the benefit of doubt. Fine, if realised, be refunded to them.