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TMI Blog2004 (10) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment. Criminal appeal No. 819 SB/86 was filed by the accused-appellants while Criminal revision No. 441/87 was filed by the informant questioning correctness of acquittal of co-accused Gurdev Singh. 3. Background facts as unfolded during trial are as follows: Pirthipal Singh (PW-9) father of Smt. Devinderjit Kaur (hereinafter referred to as the 'deceased') alleged in the complaint filed before the police that he is resident of village Burail. He had one son, namely, Kulquant Singh and one daughter i.e. the deceased. Deceased was married with Randhir Singh (Accused-appellant No. 1). From this wedlock two sons, namely, Balraj Singh and Ranpreet Singh were born. The complainant alleged that at the time of engagement of his daughter one bangle (Kara) weighing 3 Tolas, one ring weighing one Tola and Rs. 501/- in cash were given to Shri Randhir Singh appellant. Gold Jewellery weighing 20 Tolas, T.V., Bajaj Chetak Scooter costing Rs. 13,000/-, one Godrej Almirah, furniture and utensils etc. were given to his daughter, the deceased and son-in-law accused Randhir Singh on the day of marriage. Gurdev Singh, father of Randhir Singh, Smt. Narhbai Kaur (appellant No. 2), mother ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and that she was being abused every time. PW-9 assured her that he along with his wife would visit very shortly the house of her in-laws after making arrangement of the money. On 7.2.1985 the complainant was present at his house in village Burail when one Bahadur Singh (PW-10) came and told the complainant that the deceased had died after putting herself to fire. Upon this complainant, Bahadur Singh, Karnail Singh son of Hazure Singh, resident of Mohali, went to the house of Randhir Singh at Kharar and they saw that the deceased was lying dead in a burnt condition and her dead body was lying in a Kothri at the backside of the house. In-laws of the deceased had not sent any information to him. Thereafter the complainant proceeded for the Police Station but on the way S.I. Jaspal Singh (PW-17), met him and complainant Prithipal Singh made a statement (Ex.PK) before him. It was recorded, read over and explained to the complainant and vide endorsement (Ex.PK/1) it was sent for registration of the case and on the basis of which formal FIR (Ex.PK/1) was recorded. Thereafter the Investigating Officer along with ASI Aran Dev (PW-4), ASI Ram Pal and other police officials visited the spot. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses. 6. The trial court relied upon the prosecution version and convicted the two accused-appellants while directing acquittal of Gurdev Singh. The appeal by the accused persons and the revision by the informant was taken up together by the High Court; which found that offence punishable under Section 306 read with Section 34 IPC was clearly made out. Therefore, the conviction was maintained. But the sentence as aforesaid was reduced: The criminal revision was dismissed. 7. In support of the appeal, Mr. Ranjit Kumar, learned senior, counsel submitted that Section 306 IPC has no application to the facts of the present case. It was submitted that with respect to evidence of the informant when he had no capacity to pay dowry, the plea that he gave the money is unbelievable. NSCs were purchased in the joint names of the wife and the husband and joint savings accounts were opened in the names of the children. The relationship is thus established to be cordial. The basic requirement of Section 306 IPC is demand for dowry "soon before the death". In other words, there must be a proximity. The cordial relationship is borne out from the record that appellant No. 1 used to visit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aspect and given positive finding about the demand of dowry having been established. The death occurred during 7 years of marriage. Section 306 IPC deals with abetment of suicide. The said provision reads as follows: "306 ABETMENT OF SUICIDE. If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine." 11. Section 2 of the Dowry Prohibition Act, 1961 (in short 'Dowry Act') defines "dowry" as under:- Section 2. Definition of 'dowry' - In this Act, 'dowry' means any property or valuable security given or agreed to be given either directly or indirectly - (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mehr in the case of persons to whom the Muslim personal law (Shariat) applies. Explanation I- For the rem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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