LexRANDHIR SINGH AND ANR. versus STATE OF PUNJAB
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I RANDHIR SINGH AND ANR. A v. ST A TE OF PUNJAB OCTOBER 12, 2004 (ARIJIT PASAYAT AND C.K. THAKKER, JJ.] B Penal Code, 1860-Section 306 r/w Section 34-Abetment of suicide- Demand of dowry-Proved-Death occurring within 7 years of marriage- Conviction by Courts below-On appeal, held: Conviction justified as demand C is proved-In the facts of the case custodial sentence reduced to 3 years. Words and Phrases: 'Abetment '-Meaning of in the context of Section 306 !PC Appellant No.1-accused was married to the deceased, daughter of D PW-9-informant. It was alleged that from the very beginning of the marriage the appellants-accused had been making demand of more dowry and abusing the deceased to bring more money from her parents and used to threaten her with second marriage in case she did not bring it. Informant and his wife (PW-12) were told about the demand by their E. daughter (deceased) several times and they had paid the amount towards the demand to their daughter which they lrad received by way of compensation from acquisition of land. PW-10 informed the informant that deceased had died after putting herself on fire. Death was within 7 years of marriage. FIR was lodged by the complainant. Appellants alongwith one co-accused was tried for offences u/s 306 r/w Section 34 IPC. F Plea of the accused was that he had cordial relationship with the deceased. Defence examined 8 witnesses to substantiate their case. Trial Court relying upon prosecution version convicted accused-appellants for the offences charged, but acquitted the co-accused. Appellants-accused filed appeal while the complainant filed revision petition before High Court. G High Court confirmed the conviction but reduced the sentence. Revision petition was dismissed. In appeal to this Court appellants-accused contended that Section 306 IPC has no application to the facts of the case; that plea of the 351 H 352 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R. A complainant that he had given money is unbelievable in view of his evidence that he had no capacity to pay dowry; that defence version that he had cordial relations with the deceased was supported by defence witnesses (friends of deceased) who had stated that deceased had not made any statement before them about lack of cordiality or any harassment for B dowry. Disposing of the appeal, the Court HELD: I. In view of the elaborate analysis of the evidence of the trial Court and the High Court there is no infirmity in the conclusion arrived at regarding guilt of the accused persons. The conviction is, C therefore, confirmed. However, looking to the peculiar facts of the case the custodial sentence is reduced to 3 years in each case. (3581-F-G) 2. Abetment involves a mental process of instigating a person or intentionally aiding that person in doing of a thing. In cases of conspiracy D also it would involve that mental process of entering into conspiracy for the doing of that thing. More active role which can be described as instigating or aiding the doing of a thing it required before a person can be said to be abetting the commission of offence under Section 306 IPC. [358-B-C) E State of West Bengal v. Orilal Jaiswal, AIR (1994) SC 1418, relied on. 3. In the present case the evidence of relatives, more particularly, father and the mother clearly proves demand of dowry. Mere fact that whatever he had obtained by way of pension or compensation for land acquisition had been spent, the capacity to pay may be affected. But it F does not prove that the accused persons did not make a demand. (357-C-D) G 4. In a· tradition and custom bound Indian society no conservative woman would disclose family discords before a person, however close he or she may be. Merely because the deceased had not told close friends about the demand of dowry or harassment, that does not positively prove the absence of demand of dowry. The said circumstance has to be weighed along with the evidence regarding demand of dowry. If the evidence regarding demand of dowry is established, is cogent and reliable, merely because the victim had not stated before some persons about the H harassment or torture that would be really of no consequence. (357-A-BI - ... RANDHIR SINGH v. STA TE OF PUNJAB [PASA Y AT, J .] 3 53 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 641 A of 1999. From the Judgment and Order dated 28.9.98 of the Punjab and Haryana High Court in Crl. A. No.
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