LexGURNAIB SINGH versus STATE OF PUNJAB
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[2013] 3 S.C.R. 563 GURNAIB SINGH v. STATE OF PUNJAB (Criminal Appeal No. 744 of 2013) MAY 10, 2013. [K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] CONSTITUTION OF IND/A, 1950: A B Art. 136 - Scope of -- Held: When a conclusion is arrived c at by courts below which is manifestly erroneous and unsupported by evidence on record, Supreme Court, in exercise of power under Art. 136, can re-evaluate evidence and interfere. PENAL CODE, 1860: D s.30+8, s.306 read with s.498-A - 'Cruelty' - Abetment of suicide - Death of a young bride in her matrimonial home - Conviction and sentence of 7 yrs. RI u/s 304-B by courts below - Held: Trial court as well as High Court has accepted E the evidence of prosecution witnesses that there was demand of dowry - But, an examination of their evidence makes it evident that they have only made a bald statement that accused persons were not satisfied with the dowry and were asking the bride to bring the stated amount a sum of F Rs.50,0001- - Thus, on the base ofsuch sketchy evidence, it is difficult to concur with the finding that there was detnand of dowry by accused-husband and harassment pertained to such a demand ~ The conclusion on this score is based on certain a priori notions - However, it has come out in evidence G that there was ill-treatment by mother-in-law and husband - Bride was in her early twenties - She was turned out of matrimonial home on certain occasions - This aspect has been established beyond doubt - Considering the evidence '· 563 H 564 SUPREME COURT REPORTS [2013] 3 S.C.R. A of prosecution witnesses, it is a case where the bride was totally insensitively treated with cruelty and harassed because of which she put an end to her life. s.304-B, s.306 read with s.498-A - Held: Though charge 8 has not been framed u/s 306 yet, it is evident that accused were aware that they were facing a charge u/s 304B /PC which related not to administration of poison but to consumption of poison by deceased because of demand of dowry and harassment - It is major offence in comparison to s. 306 which C deals with abetment to suicide by a bride in the context of clause (a) of s. 498A - Thus, basic ingredients of offence uls 306 have been established by prosecution inasmuch as death has occurred within seven years in an abnormal circumstance and deceased was meted out with mental cruelty - Accordingly, conviction from one uls 304B is converted to that D uls 306 - As accused has spent almost five years in custody, sentence is limited to period already undergone - Code of Criminal Procedure, 1973 - s.313. CRIMINAL TRIAL: E Conducting of trial - Adjournments - Held: A criminal trial has its own gravity and sanctity -- Trial courts shall keep in mind the statutory provisions and their interpretation by Supreme Court -- They should not become mute spectators when a trial is being conducted by allowing the control to F counsel for parties - They are required to monitor - Besides, dispensation of criminal justice is not only a concern of the Bench but has to be the concern of the Bar as well - Administration of justice reflects its purity when the Bench and the Bar perform their duties with utmost sincerity - An advocate G cannot afford to bring any kind of disrespect to fairness of trial by taking recourse to subterfuges for procrastinating the same - In the instant case, trial was conducted in an extremely haphazard and piecemeal manner - Adjournments were granted on a mere asking - Cross-examination of witnesses H GURNAIB SINGH v. STATE OF PUNJAB 565 were deferred without recording any special reason and dates A were given after a long gap - Court expresses its concern about the manner in which trial had been conducted - Administration of justice - Criminal justice - Code of Criminal Procedure, 1973 - s. 309 - Advocates. The appellant, his mother and the brother were 8 prosecuted for commission of offence uls 304-B IPC, on the allegation that the young bride, the wife of the appellant, was harassed and tortured for dowry by the accused so much so that she consumed insecticides and committed suicide. The post mortem report confirmed C the death because of consuming poison; The trial court convicted all the three accused u/s 304-B IPC and sentenced each of them to 7 years RI and a fine of Rs.10,000/-. The accused filed an appeal against their conviction whereas the informant filed a criminal revision D seeking
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