Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 516 OF 2006
Pradeep Kumar ..Appellant
versus
State of Haryana ..Respondent
J U D G M E N T
Dr. ARIJIT PASAYAT, J.
1. Challenge in this appeal is to the judgment of a Division Bench of the
Punjab and Haryana High Court upholding the conviction of the appellant
for offence punishable under Sections 302 and 304(B) of the Indian Penal
Code, 1860 (in short the ‘IPC’). He was sentenced to undergo rigorous
imprisonment for life for the first offence but no separate sentence was
imposed for the second offence.
2. Appellant alongwith two others faced trial. Each was charged for
having committed offences punishable under Section 304(B) IPC and
Section 498A IPC. Appellant alone was separately charged for offence
punishable under Section 302 IPC.
3. Prosecution version as unfolded during trial is as follows:
Kewal Krishan (PW 4) is the complainant. He is a resident of Ambala
City. He is the Director of G.G. Flour Mills. He had four daughters and two
sons. Marriage of his eldest daughter Suman Rani alias Anamika
(hereinafter referred to as the ‘deceased’) was solemnized with appellant
Pardeep Kumar alias Raju on 19.10.1996 in Laxmi Palace at Patiala. As per
asking of the accused persons dowry and streedhan was given according to
the capacity of the complainant on the festival of Karva Chauth,
complainant's daughter Anamika along with appellant and, Anamika's
father-in-law and mother-in-law came to their residence. Sufficient articles
were given on Karva Chauth. On that day, Anamika told the complainant
that her husband Pardeep Kumar who was running a shop at Yamuna Nagar
in the name and style of New Punjab Tractors, wanted to take her to
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Yamuna Nagar. He demanded colour T.V., washing machine, Godrej
almirah and a refrigerator. Thereafter his daughter went to her in-law's place
in Village Dhanola, District Sangrur (Punjab). Ten to fifteen days thereafter,
complainant's daughter rang them up from Dhanola that she along with her
husband were shifting to Yamuna Nagar and the articles demanded should
be sent to her at Yamuna Nagar. Complainant Kewal Krishan along with
Mohinder Pal son of Bachan Lal resident of Ambala City came to Yamuna
Nagar. They purchased colour T.V., washing machine, Godrej almirah and a
refrigerator and handed them over to the appellant in his house.
Complainant's wife was operated upon at Ambala for some ailment.
Anamika came to see her mother. Anamika did not look well. Complainant
Kewal Krishan enquired about her health. Anamika stated that her husband,
father-in-law and brother-in-law Parveen Kumar were threatening that if she
wanted to remain alive, she should get Rs.2 lacs from her father, as they
wanted to expand their business at Yamuna Nagar. This demand was met
and complainant gave Rs.50,000/- and requested for some time so that he
will pay the remaining amount after arranging for it. This amount was given
about a month prior to the death of Anamika. About 15 days before her
death, Anamika made a telephone call to the complainant that her father-in-
law Prem Nath had told her husband Pardeep Kumar that if Anamika did not
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arrange for the remaining amount, she should be eliminated, he would
arrange for everything and perform his second marriage. Again on
23.1.1997, complainant's daughter gave a telephonic call to the
complainant, that if 'the remaining amount was not arranged within 2/3
days, she would be eliminated.
On 25.1.1997 at about 9.30 p.m., Anil Kumar (PW-3) gave a
telephonic call to the complainant that Anamika had got burnt by a gas
cylinder. Complainant made a telephonic call to his brother Suresh Pal and
his father Rameshwar Dass at Cheeka to reach Ambala. On their arrival
from Cheeka, complainant along with them left for the house of his
daughter at Yamuna Nagar. On reaching there, he saw his daughter lying
dead on a double-bed. Besides her were lying a gas-cylinder, match- sticks
and halt burnt papers.
Investigation was undertaken and on completion thereof, chargesheet
was filed.
As accused persons abjured guilt, trial was held.
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In order to further the accusations fifteen witnesses were examined.
The trial court found the appellants and the co-accused persons guilty. By
the impugned judgment High Court directed acquittal by the co-accused
persons Prem Nath and Parveen Kumar, but upheld the conviction and
sentence of appellant as aforenoted.
The trial court and the High Court placed reliance on the evidence of
PWs 2, 3 & 4.
4. In support of the appeal learned counsel for the appellant submitted
that there was no evidence of the appellant having committed offences as
alleged. There is no direct evidence to hold that the appellant has committed
murder of the deceased.
5. Learned counsel for the respondent on the other hand supported the
judgment of the High Court confirming that of the trial court.
6. It is undisputed that the marriage took place on 9.10.1996 and the
date of occurrence is 25.1.1997. The co-accused persons were the father
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and the brother of the appellant. The only evidence adduced by the
prosecution to substantiate the allegation of commission of offence
punishable under Section 302 IPC is that the accused and the deceased
stayed in the same house. That according to us is not sufficient to hold the
appellant guilty for offence punishable under Section 302 IPC on the facts
of the present case. However, the accusations related to Section 304 B IPC
are satisfied.
7. Section 304 B IPC reads as follows:
“304B. Dowry Death – (1) Where the death of a woman
is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within seven
years of her marriage and it is shown that soon before her
death she was subjected to cruelty or harassment by her
husband or any relative of her husband for, or in
connection with, any demand for dowry, such death shall
be called “dowry death”, and such husband or relative
shall be deemed to have caused her death.”
5. The necessary ingredients of Section 304 B IPC are as follows:
(1) The death of the woman was caused due to burns, bodily
injuries or due to unnatural circumstances.
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(2) The death should be within seven years of marriage.
(3) It is shown that soon before death victim was subjected to
cruelty or harassment by her husband or any relative of the
husband.
(4) The cruelty or harassment was for or in connection with any
demand for dowry.
8. Therefore while setting aside the conviction for offence punishable
under Section 302 IPC, we uphold the conviction, so far as it relates to
Section 304 B IPC. Custodial sentence of ten years would meet the ends of
justice. The appeal is allowed to the aforesaid extent.
……..……..............................J.
(Dr. ARIJIT PASAYAT)
……..……..............................J.
(ASOK KUAMR GANGULY)
New Delhi,
March 31, 2009
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