LexRAMESHWAR DASS versus STATE OF PUNJAB & ANR.
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RAMESHW AR DASS
A
V.
STATE OF PUNJAB & ANR.
DECEMBER 13, 2007
B
[S.B. SINHA AND HARJIT SINGH BEDI, JJ.]
-A_
Penal Code, 1860; Ss. 304B, 405 & 406/Dowry Prohibition Act;
Ss.3 &4:
c
Unnatural death of wife/Dowry Death-Torturing of wife by
husband and in-laws for demand of dowry forcing her to commit
suicide-Relationship between husband and deceased-Whether
cordial-Held: Accused-husband could not prove on the basis of letters
i.
allegedly written by the deceased that his relationship with the deceased D
was cordial-Acquittal of accused in complaint case filed against him
later alleging commission of an offence by him u/ss. 405 & 406 !PC
and ss. 3 & 4 of Dowry Prohibition Act not relevant as charges in the
present case were not same-Apart from oral testimony of prosecution
witnesses, the accused himself sent a telegraph message to his fat her- E
in-law to come immediately, which is a pointer to the fact that the
spouses were not on good terms-A pregnant woman ordinarily would
not commit suicide unless relationship with her husband reaches a stage
. I>
that she would be compelled to do so-Accused could not explain his
absence for six days since his wife committed suicide-Defence taken F
by the accused that he along with DWI got the deceased admitted in
the hospital, has not been established-No reason found to interfere
with the judgment of conviction of accused uls.304B /PC by the Courts
below-Code of Criminal Procedure, 1973-S.313-Evidence Act,
1872-S.65.
G
Presence of accused-husband with deceased-wife in the hospital-
Onus of proof-Held: Onus of proof lies upon the accused-Who has
not discharged it.
527
H
)
528 SUPREME COURT REPORTS
(2007] 13 (Addi.) S.C.R.
!
A
Compounding of an offence u/s.304B !PC-Held: An offence u/
{
,
s. 304B !PC is not compoundable.
Conviction of accused u/s.304B !PC-Quantum of sentence-
Reduction to-Held: Not allowed as minimum sentence of seven years
B has been awarded to the accused.
Appellant-husband and his parents allegedly tortured the
deceased-wife for demand of dowry. A telegraphic message was sent
by the accused-husband to his father-in-law to resolve the
misunderstanding ensued between them. Later, brother-in-law of the
C deceased-PW! along with his brother-in-Law-PW2 visited the house of
the deceased, he found the accused quarreling with the deceased in
connection with demand of dowry. He tried to pacify them and then left
the house. When he came back, he found the house locked. On an
enquiry having been made from the neighbours, he was informed that
D
E
the deceased had been taken to hospital as she had consumed
something. When he reached the hospital his sister had expired. The
deceased was pregnant at the time of her death. On receipt of a report,
Police investigated the matter and arrested the accused-husband. The
trial Court convicted him under Section 304B of the Indian Penal Code
and sentenced him to undergo rigorous imprisonment for seven years.
An appeal filed thereagainst by the accused was dismissed by the High
Court. Hence the present appeal.
Accused-appellant contended that the relation between him and
F the deceased being cordia~ the prosecution cannot be said to have proved
its case of causing harassment by him to the deceased; that the
prosecution has not been able to prove demand of dowry; that father of
the deceased in his previous statement did not state about the demand
of dowry; that a complaint petition was later on filed by the father of the
G deceased against him under Sections 405 and 406 of the Indian Penal
Code and Sections 3 and 4 of the Dowry Prohibition Act which ended in
acquittal by the trial Court and a revisim, 1 ;etition filed thereagainst by
PW-11 was withdrawn, which clearly ffltablishes innocence on his part;
and that even after the conviction, a settlement had been arrived at by
H
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RAMESHWAR DASS v. STATE OF PUNJAB
529
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and between the parties and in fact the cousin of the deceased was A
married to the appellant whereafter an application for compromise had
also been filed
Dismissing the appeal, the Court
HELD: 1.1. The defence of the appellant was that the relationship B
'
between the parties was cordial. An attempt was made to prove a few
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letters allegedly written by the deceased to the accused. The said letters
were soughtto be proved by DWl. [Para 16) (536-E, F]
1.2. A document in terms of Section 65 of the Evidence Act is to c
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