9911796707
TMI Blog2013 (9) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... d is his son. The prosecution case as succinctly summarized by the High Court in the impugned judgment is extracted below: Harjit Kaur, daughter of Mohinder Singh was married with Mohan Singh accused. Mohinder Singh along with Hari Singh Sarpanch, who was his brother from the brotherhood, had gone to village Gharyala to see his daughter Harjit Kaur because the in-laws of Harjit Kaur were in the habit of picking up quarrels with her for bringing less dowry. The in-laws of Harjit Kaur used to pressurize her to bring scooter, refrigerator and cash from her parents. On her failure to do so, they after conspiring with each other, threatened to kill her by giving some poisonous substance. Gurdip Singh, father-in-law of Harjit Kaur, on many oc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused Under Section 498A of Indian Penal Code for rigorous imprisonment for a period of two years and fine of ₹ 500/- each and, in default of payment of fine, for another three months, and Under Section 304B of Indian Penal Code for rigorous imprisonment for a period of ten years and fine of ₹ 500/- each and, in default of payment of fine, for another three months. The sentences were ordered to run concurrently. The High Court, in appeal, maintained the conviction but reduced the sentence Under Section 304B of Indian Penal Code to seven years rigorous imprisonment and confirmed the rest. 4. It is reported that the husband-first accused Mohan Singh is no more. 5. Dowry death in the Indian Penal Code was introduced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the background for the amendments would be a relevant reference. In the 91st Report on Dowry Deaths and Law Reform submitted by Justice K.K. Mathew, Chairman, Law Commission of India, on 10.08.1983, it is stated at Paragraphs 1.3 to 1.5 as follows: 1.3 If, in a particular incident of dowry death, the facts are such as to satisfy the legal ingredients of an offence already known to the law, and if those facts can be proved without much difficulty, the existing criminal law can be resorted to for bringing the offender to book. In practice, however, two main impediments arise- (i) either the facts do not fully fit into the pigeonhole of any known offence: or (ii) the peculiarities of the situation are such that proof of directly in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficult, ought to be inserted into the law. 1.5 Coming to substantive criminal law, if a deficiency is found to exist in such law, it can be filled up only by creating a new offence. Before doing so, of course, the wise law maker is expected to take into account a number of aspects, including the nuances of ethics, the ever-fluctuating winds of public opinion, the Demands of law enforcement and practical realities. (Emphasis supplied) 7. Though the expression presumed is not used Under Section 304B of Indian Penal Code, the words shall be deemed Under Section 304B carry, literally and under law, the same meaning since the intent and context requires such attribution. Section 304B of Indian Penal Code on dowry death and Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bly committed within the safe precincts of a residential house. The criminal is a member of the family: other members of the family (if residing in the same house) are either guilty associates in crime, or silent but conniving witnesses to it. In any case, the shackles of the family are so strong that truth may not come out of the chains. There would be no other eye witnesses, except for members of the family. (Emphasis supplied) 10. Having carefully gone through the entire evidence as appreciated by both the Sessions Court as well as the High Court, we are not inclined to take a different view except on one aspect, viz., the date of marriage. As far as other aspects regarding cruelty or harassment are concerned, it has clearly been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rriage. There is no evidence even with regard to the date of birth of the children. Also, according to PW-1 father of the deceased, the marriage had taken place five to seven years back. It has to be noted that DW-1 elder devrani/sister-in-law of the deceased had stated in her evidence that the marriage had taken place around eleven years back. Nobody has even spoken on the exact date of marriage. The death reportedly took place on 06.04.1990. The evidence was recorded in 1996. The High Court counted the eleven years from the date of recording of the evidence. However, on going through the evidence, it is not at all clear as to whether the same is with respect to the date of tendering evidence or with respect to the date of the incident. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
