IPC Section 304B- Statements with regards to involvement of a person in a crime, however justified, is not acceptable in the absence of proper evidence: Supreme Court of India
Wherever this aspect has been referred to, a sweeping statement has been made that the husband and in-laws of the deceased had inflicted cruelty or it has been stated that the husband and his mother had done so, without specifying their roles. However, the said evidence would only be sufficient to hold the husband guilty but same would be insufficient to hold the mother-in-law guilty. This was observed by Hon’ble A. S. Bopanna, J while deciding the matter of Kuljit Singh &amp; Anr. v. The State of Punjab – [Criminal Appeal No. 572 of 2012].  This case is an appeal directed against a passed by the High Court of Punjab and Haryana, Chandigarh. By the said judgement the High Court dismissed the appeal filed by the appellants herein and upheld the conviction of the appellants ordered by the learned Sessions Judge, Amritsar registered for the offence under Section 304¬B of the IPC.  The   sentence   of   rigorous imprisonment for 8 years imposed on both the appellants by the learned Sessions Judge was however modified. In that regard, the period of imprisonment to be undergone by the appellant No.2 alone was reduced to 7 years. The appellants thus being aggrieved by   their   conviction   and sentence are before this Court in this appeal. The undisputed facts are that the appellant No.1 and the deceased were married. The incident in question leading to the death of Manju occurred on 02.03.1999 i.e., in a short span of about 2 years from the date of marriage. The death of Manju, the wife of the appellant No.1 was an unnatural death. The cause of death as spoken to by the expert witnesses was due to consumption of insecticide. The circumstances provided under Section 304-B IPC to the extent of  death of the woman being caused otherwise than under normal circumstances and such death having occurred within 7 years of her marriage, would stand established. In that background, since the appellants were charged of having committed the offence under Section 304-B IPC, the factual aspects which were required to be established by the prosecution in the course of trial is about the deceased being subjected to cruelty or harassment by her husband or any of his relatives and that such cruelty or harassment was for or in connection with demand for dowry. In the instant facts, to establish this aspect of the matter, the father and mother of the deceased along with another witness, were examined. From the evidence of the said witnesses, the trial court as well as the High Court noted that the demand for a television set and Rs. 10,000/- (Rupees ten thousand) was being put forth ever since the marriage of the deceased with the husband. The evidence tendered by the said witnesses has stood the test of cross-examination and has been rightly accepted by both the courts.  In that background, the evidence would establish that the death had occurred due to organo-phosphorous poisoning. Hence, as noted, the death was unnatural and there was demand for dowry. In that background, the evidence would establish that the death had occurred due to organo-phosphorous poisoning. Hence, as noted, the death was unnatural and there   was   demand   for   dowry. In those circumstances, and the further   evidence, the parents of the deceased would also refer to the circumstances when the deceased had been sent back to the parental home to secure fulfilment of the said demand, but the parents being unable to fulfil the demand, had counselled and sent her back. The question before the court was whether such evidence was be sufficient to hold both appellants guilty of committing the offence. Supreme court after perusing the facts and evidences, held that- “Considering the fact that on all these aspects of the matter, the trial court has referred to the evidence in detail and the High Court has reappreciated the same, to the extent of both the courts holding the husband guilty, convicting him and imposing the sentence in the manner as done, is justified and does not call for interference. The only aspect which requires consideration herein is as to whether the conviction and sentence handed down to the mother-in-law is justified or not? The mother-in-law has denied any role and had also contended that she was not present in the house when death of her daughter-in-law had occurred. The presence of the husband was established through the statement of a witness, but the presence of the mother-in-law was not spoken about. There is no specific evidence with regard to dowry demands being made by the mother-in-law or cruelty being inflicted by her pursuant to such demand. Hence, the said evidence would be sufficient to hold the husband guilty   but   same   would   be insufficient to hold the mother-in-law guilty. Hence, we are of the opinion that the mother-in-law is entitled to be acquitted.” Click here to read the Judgement
This appeal is directed against the judgment dated Chandigarh in CRA­S­307­SB of 2002. By the said judgment Penal Code was examined as PW1 and the mother of the deceased was examined as PW8 while another witness Bidhi Chand was appellant No.1. The evidence tendered by the said witnesses accepted by both the courts. In that background the evidence to organo phosphorous poisoning. Hence as noted the death was unnatural and there was demand for dowry. In those circumstances the further evidence of PW1 and PW8 the secure fulfilment of the said demand but the parents being It was also stated by them that during such visit she had mentioned about the ill­treatment meted out to her. But the Considering the fact that on all these aspects of the the High Court has reappreciated the same in its correct perspective to the extent of both the courts holding the appellant No.1 guilty convicting him and to whether the conviction and sentence handed down to the appellant No.2 is justified or not The learned counsel for the appellant in that regard has strenuously No.2 namely the mother­in­law of the deceased had been cruelty. As noted from the statement recorded under Section rightly noted by the trial court it had come in the evidence through the deposition of Bittu that he and appellant No.1 had taken the deceased to Dr. Kalsi and thereafter to Shri Guru Ram Dass Hospital Amritsar though the version given by the said witness was because she was pregnant. However it has been established that such shifting to poisonous substance being consumed. Therefore though the presence of the appellant No.1(Kuljit Singh) was established being inflicted by her pursuant to such demand. From the made that the husband and in­laws of the deceased had mother had done so without specifying their roles. However as appellant No.1 guilty but same would be we are of the opinion that the appellant No.2 is For the reasons stated above the conviction and sentence imposed on the appellant No.1 is affirmed while the conviction and sentence imposed on the appellant No.2 is set aside. The judgment dated 08.01.2002 in Sessions Case No.74 1999 and the judgment The appellant No.1 who is on bail shall 11. Pending applications if any shall stand disposed of