LexNACHHATTAR SINGH & ORS. versus STATE OF PUNJAB
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A B [2011] 2 S.C.R. 478 NACHHAITAR SINGH & ORS. v. STATE OF PUNJAB (Criminal Appeal No. 808 of 2005) FEBRUARY 03, 2011 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860: s.306 - Abetment of suicide - C Unnatural death of married woman - A/legation of maltreatment of victim by husband and parents-in-law on account of dowry demand - Victim found dead - Medical opinion that death was caused by poisoning - Trial court convicted accused u/s.3048 - High Court held that case uls. D 3048 was not made out but accused were liable to conviction u/s. 306 for having abetted the suicide of the victim - SLPs filed by husband and parents-in-law - SLP of husband dismissed - In respect of appeal filed by parents-in-law, held: There was no evidence to show that suicide was a dowry death E as evidence with respect to the demand for dowry was vague and stale - In the background of the findings recorded while acquitting the accused of the charge uls.3048, no inferences or presumptions can be drawn - Cruelty means any wilful conduct of such a nature as was likely to drive a woman to F commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) to the woman - Evidence of victim's brother that the victim wanted to join service but her parents-in-law were old and insisted her to stay at home to look after household chores and this led her into G depression and to commit suicide - Difference of opinion within a family on everyday mundane matters would not fall within the category of wilful conduct - Merely because the parents-in-law wanted her to look after them In old age could not be abetment of suicide - Presumption against them u/ H 478 ·-. NACHHATTAR SINGH & ORS. v. STATE OF PUNJAB 479 480 SUPREME COURT REPORTS [2011] 2 S.C.R. A which Sukhmander Singh, P.W., along with other family members rushed to the house of the accused. They saw 8albir Kaur lying dead on her cot. The police were informed and a First Information Report was registered. The dead body was despatched for its post mortem examination. The viscera was 8 also sent to the Chemical Examiner who rendered an opinion that the death had been caused by poisoning. A criminal complaint was also filed by P.W. 6 Sukhmander Singh against the appellant in the meanwhile. The complaint case as well as the case arising out of the First Information Report were clubbed c together and on the completion of the investigation a charge under Section 302 read with Section 34 and 3048 IPC was framed against the accused. The prosecution relied primarily on the evidence of P.W. 6, the complainant, P.W. 1, Dr. Yashpal Garg who had D performed the post mortem of the dead body, P.W. 2 the Chemical Examiner and P.W. 7 Sajjan Singh, a resident of Moga who deposed to the demands for dowry made by the accused even a day before the incident. The prosecution case was then put to the accused and they denied the allegations E levelled against them and on the contrary pleaded that as 8albir Kaur was a qualified Steno-typist she wanted to join service and live at Moga but as her parents-in-law were old they had insisted that she stay at home to look after the house hold chores and this frustration had led her into a depression and F finally to suicide. The trial court, on a consideration of the evidence, acquitted the accused for the offence punishable under Section 302/34 of the Indian Penal Code but convicted them for the offence punishable under section 3048 and awarded a sentence of 7 years rigorous imprisonment. An G appeal was thereafter filed by the accused before the High Court. The High court partly allowed the appeal inasmuch that it held that a case under Section 3048 of the IPC was not made out but the accused were nonetheless liable to conviction under Section 306 for having abetted the suicide of 8albir Kaur. The. H Court found ~s a fact that there was absolutely no evidence to '-. NACHHATIAR SINGH & ORS. v. STATE OF PUNJAB 481 show that Balbir Kaur's suicide was a dowry death as the A evidence with respect to the demands for dowry were both vague and stale and could not fonn the basis for conviction. This is what the Court had to say: "Analysis of statements of prosecution witnesses, 8 referred to above, clearly indicates that allegations regarding demand of dowry and cruelty inflicted upon the deceased are in general terms and vague. None of the prose
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