LexRAKESH CHAND & ANR. versus STATE OF PUNJAB
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A B (2010] 9 S.C.R. 894 RAKESH CHAND & ANR. v. STATE OF PUNJAB (Criminal Appeal No. 282 of 2008 ) AUGUST 11, 2010 [HARJIT SINGH BEDI AND CHANDRAMAULI KR. PRASAD, JJ.] Penal Code, 1860: ss. 304-B and 201 - Dowry death - Conviction of C husband, mother-in-law and father-in-law of deceased by trial court affirmed by High Court - HELD: The mother-in-law and the father-in-law had no role in the demand made by the husband soon before the death - Nor is there any evidence making out a case against them uls 201 - They are, therefore, D acquitted. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 282 of 2008. From the Judgment & Order dated 29.01.2007 of the High Court Punjab & Haryana at Chandigarh in Criminal Appeal No. E 595 DB of 2005. F Rajeev Dutta, Ajay Veer Singh, Anisha Jain, Nitin Jain, Uday Ram, Mohd. lrshad Hanif for the Appellant. Kuldip Singh for the Respondent. The following order of the Court was delivered ORDER The facts are as under: Neelam Kumari and Anil Kumar were married on 4th December 1998 and as per the prosecution story sufficient dowry had been given to the accused at the time of the G marriage. They were however dissatisfied with what had been given to them and in July 2000, a demand was made for Rs.20,000/- for the purpose of buying a motor cycle or scooter. As this demand was not satisfied Neelam Kumari was turned out up her matrimonial home although she was in an advanced H 894 -, RAKESH CHAND & ANR. v. STATE OF PUNJAB 895 I stage of pregnancy. A motor cycle was thereafter purchased A for Anil Kumar. It is further the prosecution story that on 22nd April, 2003 Neelam Kumari and Anil Kumar visited Rajni Bala (PW.16), sister of Neelam Kumari, also a resident of village Ladda Kothi, where Neelam Kumari told her sister that her husband was now demanding Rs.50,000/- in order to construct B a room in the D house and was misbehaving with her as this amount was not being provided by her parents. As per the prosecution story Neelam Kumari's dead body was spotted on the embankment of a seepage drain .in the area of Barnala by one Komal Singh on 25th April, 2003. A FIR was duly registered c and after investigation a charge sheet was filed and a charge under Sections 302/34 and 201 and in the alternative 304-B/ 34 & 201 of the IPC was framed against Anil Kumar and his parents, the appellants herein. The Trial Court relying on the evidence of Chunni Lal D (PW.15), the father of the deceased, her mother Sudesh Kumari (PW.1) the complainant and Rajni Bala,. (PW.16) convicted all the accused for the offence punishable under Section 304-B and 201 of the IPC but acquitted them of the offence of murder and they were sentenced accordingly. E An appeal was thereafter taken to the High Court. The High Court confirmed the judgment of the Trial Court. A special leave petition was filed by the three a .. ..:used but leave was granted qua the appellants only. We have accordingly heard this appeal today assisted by the learned counsel for the parties. F Mr. Rajeev Dutta, the learned senior counsel for the appellants, has pointed out that one of the essential ingredients of the offence under Section 304-B was that the demand for dowry had to be made soon before the death of the deceased. He has referred us to the evidence of Chunni Lal, Rajni Bala and Sudesh Kumari and pointed out that there were two sets G of demands allegedly made by the accused; the first one in the year 2000 being a demand for Rs.20,000/- for the purpose of buying a motor cycle and there appeared no demand thereafter by the appellants as the demand for Rs.50,000/- had been made by Anil Kumar alone shortly before the death of Neelam H 896 SUPREME COURT REPORTS [2010) 9 S.C.R. A Kumari and the appellants thus had no roll to play on this score. We find merit in this submission. In their examinations-in-chief, PW.1- Sudesh Kumari and PW.16-Rajni Bala have deposed that the demand for Rs.50,000/- had also been made by Rakesh Chand and Pushpa Devi. They were however B confronted with their statements under Section 161 of the Cr.P.C. wherein no such details had been spelt out and the demand for Rs.50,000/- had been confined only to Anil Kumar. Likewise we have gone through the statement of Chunni Lal. Even in his examination-in-chief he very categorically stated c that the demand for Rs.50,000/- had been made only by Anil Kumar and not by the two appellan
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