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PETITIONER: STATE OF PUNJAB

       Vs.

RESPONDENT: GURDIP SINGH & OTHERS

DATE OF JUDGMENT05/12/1995

BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) NANAVATI G.T. (J)

CITATION:  1996 SCC  (7) 163        1995 SCALE  (7)312

ACT:

HEADNOTE:

JUDGMENT:            (With Criminal Appeal No. 272 of 1982)                          O R D E R      Criminal Appeal No. 919 of 1981 is directed against the judgment dated  May 29,  1981 passed  by the  High Court  of Punjab and  Haryana in  Criminal Appeal  No.604/79. The said appeal was  preferred by  the respondents who were convicted by the  learned Additional Sessions Judge, Amritsar on April 23, 1979,  in Sessions  Trial No.11/79  on  a  charge  under Section 306  of the  I.P.C. The accused Kuldip Singh and his son Gurdip  Kumar and  his wife  Darshan Kaur were convicted under Section  306 I.P.C. by the learned Additional Sessions Judge. Kuldip  Singh and Gurdip Kumar were sentenced to four year’s rigorous  imprisonment with  a fine  of Rs.  500/- in default to suffer further imprisonment for three months, but Darshan  Kaur   was  sentenced   to  three  years’  rigorous imprisonment with  a fine  of Rs.500/-  in default to suffer further imprisonment for three months.      According to  the prosecution  case, the deceased Jyoti Bala was  given in marriage on February 12, 1978 at Amritsar to  accused   Gurdip  Kumar,  but  shortly  after  the  said marriage, the deceased was ill-treated by the accused as the accused felt  that proper  dowry had  not been  given by the family  of  the  deceased.  It  is  also  the  case  of  the prosecution that  Shakuntla Devi,  PW 14,  the sister of the mother of  the deceased  and Vijay  Kumar, PW  5, the son of Shakuntla Devi  were the  residents of  Amritsar.  When  the deceased,  her  sister  and  mother  attended  the  marriage ceremony of  Vijay Kumar  at Amritsar,  the deceased and her mother came  in touch with the family of the accused who are also known  to the family of Shakuntla Devi and Gurdip Kumar was also  a friend of Vijay Kumar. Having seen the deceased, Gurdip and his parents had liked the deceased Jyoti Bala and accordingly the  proposal of  marriage was finalised and the marriage was  solemnised on  February 12,  1978 at  Amritsar itself. It  is the  prosecution case that Jyoti Bala used to go to  her aunt, Shakuntla Devi and Shakuntla Devi also used

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to go  to Jyoti  Bala’s house  but the family of the accused did not  like Jyoti  Bala’s going to her aunt’s house or the members of  the aunt’s  family visiting  the  house  of  the accused. Being  oppressed  mentally  Jyoti  Bala  ultimately committed suicide on July 28, 1978 and being severely burnt, she was  admitted to the hospital where she succumbed to the injury on July 30, 1978.      The mother  of the  deceased PW  4,  the  aunt  of  the deceased, PW 14 and the cousin brother of the deceased Vijay Kumar, PW  5 have  deposed that  the accused had been making demands on  account of dowry and on one occasion in Calcutta a sum  of Rs.5000/- had been paid by PW 4, the mother of the deceased, but  such payment did not satisfy their demand and Jyoti Bala  used to  be taunted and oppressed. PW 6 Madhuban has been  examined by  the prosecution and the said Madhuban has stated  that only  about 15 minutes before the incident, he had  been to  his friend’s  house which was very close to the house  of the  accused and therefrom he heard some noise coming from the house of the accused and he heard that Jyoti Bala was being instigated to commit suicide by burning or by drowning.      It also appears that a number of letters written by the deceased to  her mother  and sister  in Calcutta  and letter written by the mother to the deceased have been exhibited in this case  and such  letters are  of April  4, 1978, May 29, 1978, July 18, 1978 and July 27, 1978. The letter dated July 18, 1978  is written  by the  mother of  the deceased to the deceased and the letter dated July 27, 1978 had been written by the  deceased Jyoti  Bala  to  her  mother.  The  learned Additional Sessions  Judge came  to the  finding that  Jyoti Bala had  been ill-treated and when for a number of days she had not  taken meal,  nobody from  amongst the  accused  had asked Jyoti  Bala to  take the  food and they neglected her. The learned  Additional Sessions  Judge  also  came  to  the finding that  demand of  dowry had  been made by the accused and the  little girl  felt humiliated  because of the taunts given to  her and  harsh treatment meted out to her. Relying on the  evidences given  by the  mother, aunt and cousin and the said  Madhuban PW  6, learned  Additional Sessions Judge held that  all the  said accused  were guilty of the offence under Section  306 I.P.C. and accordingly they are convicted and sentenced as indicated hereinbefore.      The single  Bench of the High Court in disposing of the said Criminal  Appeal No.  604/79  since  preferred  by  the accused-respondent, however,  did not agree with the finding made by  the learned  Additional Sessions Judge. It has been indicated by  the High  Court that  the  said  letters  were written from  April 4,  1978 to July 27, 1978 and the letter of July  27, was  written by  the deceased just a day before the said incident of burning. From the said letters, it does not transpire  that there  was any case of mental torture or humiliation meted  out to  the deceased  on account of dowry demands and  there was any instigation by any of the accused to the deceased for committing suicide. On the contrary, the letters revealed  that the  family, though  did not like the frequent visit  of the deceased to her aunt’s house and also visit by  the aunt and members of the family to the house of the accused,  they never  physically prevented  the deceased from visiting  and as  a matter  of fact, even in the letter dated  July  27,  1978  written  by  the  deceased,  it  was indicated that  the father-in-law  himself dropped  her near the house  of the  aunt. After considering the evidences and analysing the  same, the learned Judge of the High Court has indicated that  in the  facts of the case, it cannot be held that there  are convincing  evidence to  support the case of

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instigating the deceased to commit suicide. Accordingly, the said appeal  was allowed  and the  conviction  and  sentence passed by  the learned  Additional Sessions  Judge were  set aside.      The learned  counsel appearing  for the appellant-State has taken  us through  the judgments  passed by  the  Courts below and  also the  evidences adduced  in the  case. It has been submitted by the learned counsel for the appellant that the mother,  the aunt  and the  cousin of  the deceased have deposed that  demand of  dowry had  been made by the accused and for  not getting the dowry as demanded by them, they had maltreated the  deceased who  was married  only a few months back. The  learned counsel has submitted that as a matter of fact, there  is  evidence  that  almost  shortly  after  the marriage such  maltreatment continued  and the poor girl was also rebuked  for visiting  the house of the aunt. Even when the aunt  had visited  the house of the accused, the members of the  family became  quite cold  in receiving  her and the treatment meted  out to  the aunt  had seriously injured the sentiments of  the poor  girl. It  has been submitted by the learned counsel  that there  is no  reason  to  discard  the evidence of  Madhuban PW  6 who  had  heard  instigation  of committing suicide  immediately before  the incident. If the said evidence  is accepted,  the  case  of  instigation  for committing  suicide  is  clearly  established  by  a  direct evidence. The  learned counsel  appearing for  the State has submitted that  the judgment  of acquittal  is not justified and  being   against  the  weight  of  evidence,  should  be interfered with by this Court.      We are,  however, unable  to accept  such contention of the learned counsel appearing for the state. It may be noted here that  demand for  dowry  and  the  oppression  made  on account of  such demand  was not  initially the  case of the prosecution. We  may indicate  here  that  no  charge  under Section 304  B has  been  made  in  this  case  and  if  the allegation of  such demand  of dowry  and the  consequential torture on the newly married girl. Jyoti Bala, was there, it is reasonably  expected that  the charge under Section 304 B would have  been made  against the  accused. The only charge which has been made against the accused is under Section 306 I.P.C. Although  the mother,  the aunt  and the  cousin have stated about  the demand  of dowry  and  consequential  ill- treatment meted  out to the deceased Jyoti Bala, the letters written by  Jyoti Bala  to the  mother and to the sister and also the  letter written  by  the  mother  which  have  been exhibited in  this case, do not indicate in any manner, that Jyoti Bala had ever been tainted or humiliated on account of dowry demand.  There is  also  no  indication  in  the  said letters that  she had  either been  physically  or  mentally tortured in  the house of the accused. The letter dated July 27, 1978  written by  the deceased  only indicates  that she felt sad  and was  confused as to what should be done by her because her  coming  to  the  aunt’s  house  or  the  aunt’s visiting her  in-law’s house  were  being  objected  by  the accused and  she  solicited  advice  from  her  mother.  The learned Judge  in disposing  of the  appeal has  referred to such letter  and has  indicated that had there been any case of maltreatment  which could  have  induced  her  to  commit suicide, there  should have  been some  indication  of  such inducement in the letters. It appears to us that Jyoti Bala, quite  young  and  yet  to  be  seasoned  with  discord  and unpleasantness in social intercourse and not yet gaining the practical  wisdom   and  capability  of  adjustment  against petulance and disharmony, became very sensitive and lost the normal frame of mind which might have induced her to end her

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life before it could fully blossom.      So far  as PW 6 Madhuban is concerned, it appears to us he is  chance witness  and although  he has stated that when the  accused  had  been  loudly  giving  suggestion  to  the deceased to  commit suicide  by burning  or by  drowning  he could hear  the same  from his  friend’s house, his evidence should not  be accepted.  None of  the  neighbors  has  been examined in  this case.  The evidence  of  the  said  chance witness without  being corroborated by any other independent witness does  not  inspire  confidence.  For  the  aforesaid facts, we  do not find any reason to take a contraryview and the appeal, therefore, fails and is dismissed.      In view  of such  decision in Criminal Appeal No.919 of 1981, the other appeal namely Criminal Appeal No.272 of 1982 us also dismissed.