BRIJ LAL versus PREM CHAND & ANR.

Citation: [1989] 2 S.C.R. 612 · Decided: 20-04-1989 · Supreme Court of India · Bench: S. NATARAJAN · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

A 
BRIJ LAL 
'y.-
v. 
PREM CHAND & ANR. 
APRIL 20, 1989 
B 
[S. NATARAJAN AND A.M. AHMADI, JJ.] 
'r-
Indian Penal Code-Sections 304B, 306 and 498A-Dowry ~ 
Offences-Punishment for-What would constitute instigation for com-
mission of offence-Would depend on facts of case-Act of abetment-
To be judged in the conspectus of evidence of the case. 
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c 
Prem Chand, accused-respondent, had married Veena Rani, 
deceased, in the year 1973. Veena Rani was then employed in the State 
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Bank of Patiala. Soon after their marriage the accused resigned his job 
as Prosecuting Sub-Inspector and started his practice at Sangrur. 
Veena Rani got herself transferred to Sangrur and the couple set up 
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house there. From the very beginning Veena Rani had an unhappy 
married life because the accused constantly tormented her to get more 
money from her parents. The accused was also given to beating her 
frequently. 
Veena Rani gave birth to a male child. Even after child-birth the 
).. 
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accused did not stop ill-treating her. Unable to bear the ill-treatment, 
Veena Rani took leave on loss of pay and went away to her parents. She 
later filed an application under section 9 of the Hindu Marriage Act in 
the Court at Patiala for restitution of conjugal rights. At this stage, a 
... 
compromise was brought about between the parties and Veena Rani 
came back to live with the accused at Sangrur. But nothing changed, 
_.., 
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and the accused continued to torment her for money. 
The immediate provocation for the accused stepping up his ill- ... 
treatment of Veena Rani was his demand ofRs.1,000 to pay the balance 
amount of the scooter price which he had purchased. Veena Rani had 
no funds of her own. She, therefore, wrote to her brother and mother 
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narrating her woes and requesting them to send Rs. 1,000. In spite of 
Veena Rani writing to her brother and mother, the accused did not 
relent in the immediate compliance of his demand. 
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On 15.9.1975, the day of the tragedy, the accused and Veena Rani 
had a quarrel and thereupon both of them went to the house of Shri Hari 
H Om, Advocate, who advised the accused not to torment Veena Rani. 
612 
BRIJ LAL v. PREM CHAND 
613 
-::.{ There, in the presence of Hari Om, the accused went to the extent of A 
saying that Veena Rani may go to hell hut he should get the money 
forthwith. Veen a Rani reacted by saying that she preferred death to 
such life. The accused, far from expressing regret for his conduct, 
drove her to despair by further saying that she can provide him relief 
quicker by dying on the very day. Thereafter, the accused left Veena 
J 
Rani at their house and went to court at about 9.00 a.m. At IO.IS a.m. 
\ 
shrieks were heard from their house, and when people rushed in, they 
·~ found Veena Rani lying on the ground with extensive buru injuries. 
Before her death in the hospital, Veena Rani told the doctor that she 
had been tortured at home and that she wanted to die as early as 
possible. 
The Additional Sessions Judge found the accused guilty under 
section 306, I.P.C., and sentenced him to undergo R.I. for four years. 
The Judge held that the accused had been tormenting and also physi-
cally assaulting Veena Rani, and that Veena Rani had committed 
suicide by reason of the accused's instigation. 
The High Court, on appeal, acquitted the accused holding that 
even though Veena Rani had committed suicide on account of her un-
happy married life, there was nothing on the record to show that the 
_,l,,_ appellant in any manner instigated the deceased to commit suidde. 
In thi:; Court, two special leave petitions have been filed, one by 
the father of Veena Rani and the other by the State of Punjab. On 
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behalf of the appellants it was contended that the High Court had 
completely erred in its appreciation of the evidence and in its applica-
tion of the law. On behalf of the accused it was contended that even if 
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the prosecution evidence was accepted in full, there was no material to 
show that the suicidal death of Veena Rani was abetted in any manner 
_.. by the accused. 
Allowing the appeals and restoring the conviction of the accused 
under s. 306, this Court, 
B 
c 
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F 
HELD: (I) Veellll Rani's death w_as undoubtedly due to suicide 
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and not due to any accident or homicide. [62IA] 
(2) There is overwhelming evidence in the case to establish 
that Veena Rani's life was made intolerable by the accused by 
constantly demanding her to get him money and also beating he

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