LexKAILASH KAUR versus STATE OF PUNJAB
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
KAILASH KAUR A v. STATE OF PUNJAB "" ' APRIL 28, 1987 [A.P. SEN AND V. BALAKRISHNA ERADI, JJ.] B Indian Penal Code, 1860: s. 302-Bride Burning-Gruesome t murder of young wife-Barbaric act of pouring kerosene oil. and setting her on fire-Duty of the Court to award maximum penalty.. - Criminal Trial. ' ,., c Dowry death-Necessity to award maximum punishment. • The prosecution alleged that on the evening of May 30, 1974 the appellant's daughter caught hold of the deceased, and the appellant poured kerosene oil on her and set her on fire. On hearing deceased's D screams the neighbours rushed to the house and extinguished the flames. Thereafter, she was taken to the hospital where on the basis of questions put by the doctor (P.W. 2), Head Constable (P.W. 7) recorded her statement. She expired on June 1, 1974. It was further alleged that the husband and his parents were unhappy about the + quantum of dowry brought by the deceased and she was, therefore E being subjected to severe harassment and maltreatment. In a letter - written by the deceased to her father she had set out the details of the ill treatment meted to her and expressed grave apprehension that her life was in imminent danger. ~' F The trial court convicted the appellant and her daughter of the offence under s. 302 I.P .C. acting on the dying declaration made by the deceased, the letter written by her to her father and his evidence as to the demands for dowry and the torture inflicted on his daughter. The husband was given benefit of doubt and acquitted. The High Court confirmed the conviction of the appellant but G acquitted the daughter giving her benefit of doubt. Dismissing the appeal, the Court, HELD: 1.1. The conviction of the appellant by the High Court H was fully justified. The dying declaration made by the deceased wherein 1221 1222 SUPREME COURT ~PORTS [1987] 6 ~.C.R. A she has given a clear and vivid aceount uf the pouring of kerosene oil uver her body and being set on fire by the appellant, has the ring of truth. The testimony of the doctor (P.W. 2) and the Head Constable (P. W. 7) clearly establishes that she was In a fit condition to make the statement. There was, therefore, no reason whatever not to act B c upon it. [1224D; G] ' 1.2. In addition, there was also clear circumstantial evidence furnished by the letter written by the deceased to her father and the testimony of the father regarding ti!~ demands for dowry and the harassment and torture inflicted Ill' !be !lec~ased as part pf !he eg, deavour to extract more dowry. [1224F·G] 2. Whenever a case of gruesome m0r&er of a young wife by the barbaric process of pouring kerosene oil over the body and setting her on fire as the culmination of a long process of physical and mental harassment for extraction of more dowry comes before the court and the offence is brought home to the accused beyond reasonable doubt, it O . is the duty of the court to deal with the case in the most severe and strict manner and award the maximum penalfy prescribed by the law in order that it may operate as a deterrent to other persons from commit· ting such anti-social crimes. [12228; 1223A] CRIMINAL APPELLATE JURISDICTION: Criminal Appeal E No. 221of1978. From the Judgment and Order dated 30.3.1978 of the Punjab and Haryana High Court in Criminal Appeal No. 252 of 1975. ' A.N. Mulla, R.L. Kohli, Harjinder Singh and R.C. Kohli for the f Appella11ts. RS.' Sodhi for the Respondent. The Judgment of the Court was delivered by G BALAKRISHNA ERADI, J. This is yet another unfortunate )r + instance of gruesome murder of a young wife by the barbaric process -"'f of pouring kerosene oil over the body and setting her on fire as the culmination of a long process of physical and mental harassment for .extraction of more dowry. Whenever such cases come before the Court and the offence is brought home to the accused beyond reason· H able doubt, it is the duty of the Court to deal with it in most severe and KAILASH KAUR v. STATE (ERADI, J.! 1223 strict manner and award the maximum penalty prescribed by the law in A order that it may operate as a deterrent to other persons from commit- ting such anti-social crimes. Amandeep Kaur, deceased, was married to Avtar Singh who figured as the first accused in the case in the Sessions Court. Kailash Kaur, the appellant, is the mother-in-law of the deceased and Mahin- B der Kaur who figured as th
Excerpt shown. Read the full judgment & AI analysis in Lexace.