LexNARWINDER SINGH versus STATE OF PUNJAB
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[2011] 1 S.C.R. 110 A NARWiNDER SINGH v. ~ STATE OF PUNJAB (Criminal Appeal No. 590 of 2005) B JANUARY 5, 2011. [B.SUOERSHAN REDDY AND SURINDER SINGH .. NIJJAR, JJ.] Penal Code, 1860: c s.306 - Suicidal death of a pregnant woman in her matrimonial home within 4 years of her marriage - Husband and in-laws convicted by trial court u/s 304-B - High Court converting the conviction of husband u/s 306 and acquitting D the in-laws - HELD: There was no evidence of any demand for dowry soon before the death - High Court concluded that ;. deceased had not committed suicide on account of demands for dowry but due to harassment caused by her husband and it had compounded the acute depression from which E deceased was suffering after the murder cf her father - High Court was fully justified in convicting the husband u/s 306 - Criminal Law - Framing of charges. ss. 304-B and 306 - Dowry death and abetment of .,.. suicide - t=,xplained. F Code of Criminal Procedure, 1973: ·ss. 241(1) and (2) - Framing of charge - Conviction by trial court uls 304-B /PC - High Court converting the G conviction to one uls 306 /PC - HELD: Nature of offence punishable ulss 304·8 and 306 /PC are not of distinct/different ~ categories - High Court appropriately converted· the . conviction from s. · 304-B to s. 306 /PC. • • . - H 110 . : _,, NARWINDER SINGH v. STATE OF PUNJAB 111 ..... The wife of the appellant, who was pregnant, A committed suicide in her matrimonial home within fqur years of her marriage with the appellant. The prosecution case was that the accused, namely, the appellant and his parents, harassed the deceased for dowry. The trial court held that the evidence on record indicated that demands B -for dowry had been made from the deceased time and -+- again and that she had been harassed and compelled to commit suicide. It further held that ingredients of s.304- B IPC were satisfied on the presumptions raised u/s 114- B of the Evidence Act, 1872 and, accordingly, convicted c the three accused u/s 304 IPC with a sentence of 7 years RI each. On appeal, the High Court held that the deceased had not committed suicide on account of demands for dowry, but due to harassment caused by the husband. It converted the conviction of the husband from s.304-B D .l IPC to s.306 IPC with two years RI and acquitted his parents. In the instant appeal filed by the husband-accused, it was contended for the appellant that because of the murder of the father of the deceased by extremists, she E was under acute depression as a result of which she committed suicide and there was no distinction between -~ his case and the case of his parents who were acquitted by the High Court; and that the High Court committed a grave error in convicting him u/s 306 IPC as the nature F of offence punishable u/s 304 IPC was distinct and different from the offence punishable u/s 306 IPC and he was never charged with s.306 IPC. ~ Dismissing the appeal, the Cot.Jrt - G HELD: ' 1. The High Court, on examination of the entire evidence, concluded that the deceased had not H 112 SUPREME COURT REPORTS [2011) 1 S.C.R. A committed suicide on account of demands for dowry but due to harassment caused by her husband, in particular, demanding that she should claim one of the two houses left behind by her father after his murder by extremists. The harassment by the appellant had compounded the B acute depression from which the deceased was suffering after the murder of her father. There was no evidence of any demand for dowry soon before her death, and there was no demand whatsoever that the house in question should be transferred to either of the accused. Under c s.304-8 IPC, the cruelty or harassment by her husband or any relative of her husband "for, or in connection with, any demand for dowry" is a prelude to the suicidal death of the wife. Such suicidal death is defined as 'dowry death'. The High Court has recorded a firm finding that 0 the harassment was not for or in connection with any demands for dowry. But, at the same time, the High Court has concluded that the wife committed suicide due to the harassment of the appellant, in particular. The deceased had committed suicide by drinking Organo Phosphorus E poison. In such circumstances, the High Court was, therefore, fully justified in convicting the appellant u/s 306 IPC. [para 9-1 OJ [118-E-H; 119-A-D] 2.1. It cannot be said
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