LexRANJIT SINGH versus STATE OF PUNJAB
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""!' A B [2013] 7 S.C.R. 394 RANJIT SINGH v. STATE OF PUNJAB (Criminal Appeal No. 510 of 2007) JULY 3, 2013 [A.K. PATNAIK, SUDHANSU JYOTI MUKHOPADHAYA,JJ.] PENAL CODE, 1860: C ss.304-B and 498-A - Dowry death - Bride found dead in her matrimonial home within 4 months of marriage - Conviction of husband and sentence of life imprisonment affirmed by High Court - Held: Prosecution has successfully proved the ingredients necessary to attract s. 304-B -- There D is no reason to differ with conclusion of trial court as affirmed by appellate court that appellant is guilty of the offences punishable u/ss. 304-B and 498-A -- However, taking into consideration the fact, that appellant has got re-married and has three children including one handicapped son, and his E mother is also paralysed, the sentence awarded uls 304-B is reduced to seven years. EVIDENCE ACT, 1872: s. 113-B - Presumption as to dowry death - Explained - F Held: In the instant case, prosecution has successfully proved ingredients of s.304-B /PC and, as such, s.113-8 of the Evidence Act automatically comes into play. EVIDENCE: Dowry death - Evidence of independent witnesses - Held: G Instances of cruelty and harassment for dowry, generally remain within personal knowledge of near relations, and their evidence is not to be discarded for independent corroboration or for not reporting the matter to Panchayat. H 394 RANJIT SINGH v. STATE OF PUNJAB 395 The appellant and his parents were prosecuted for A committing offences punishable u/s 302 IPC, with alternative charges u/s 304-B/34, and u/s. 498-A IPC. The case of the prosecution was that soon after the marriage of the appellant with the daughter of PW4, the accused started harassing the bride for more dowry and on B 30.05.1996, i.e., within 4 months of her marriage, she was found dead in her matrimonial home. The post-mortem report indicated that the death was caused due to asphyxia by throttling. The father of appellant of died pending trial. The trial court convicted the appellant and c his mother u/s 304-8/34 IPC and 498-A IPC. On appeal, the High Court affirmed the conviction of the appellant u/ s 304-B IPC with sentence of R1 for life and u/s. 498-A with sentence of R1 for two years. His mother was, however, acquitted. Disposing the appeal, the Court D HELD: 1.1 The death of the bride took place just within four months of her marriage. The case of the prosecution mainly rests on the evidence of PW-4 and E PW-5, the parents of the deceased. Their statements indict the series of incidents forming part of the same transaction which culminated in the death of the bride. She was· disrespected by her-in-laws right from the very beginning and from time to time was being harassed on · F demand of dowry. The sequence of events suggested that cruelty and harassment on account of such demands were present till her death. Just a day before the death, the bride informed her mother (PW-5) that the accused were torturing her and demanding Maruti Car. G From the statements of PW-2, the post-mortem doctor, it is apparent that the death of the deceased was caused by bodily injury which is otherwise than under the normal circumstances. The prosecution has successfully proved \ngredients of s.304-B IPC and, as such, s.113-B of the H 396 SUPREME COURT REPORTS [2013] 7 S.C.R. A Evidence Act, 1872 automatically comes into play. The statement of the accused corroborates the materials particularly in relation to harassment and demand of dowry and death by torture. Therefore, the case squarely falls within the meaning of dowry death for the purpose s to attract s. 304-B IPC. There is no reason to differ with the conclusion of the trial court as affirmed by the appellate court that the appellant is guilty of the offences punishable u/ss 304-B and 498-A IPC. [para 19 and 22- 25) [405-B-C, G-H; 406-A-B, D-E, F-H; 407-A.C, DJ c 1.2 It is, but natural, that instance of cruelty, harassment of demand of dowry generally would remain within the personal knowledge of near relations and they would be the best persons to depose about the same. Therefore, the evidence of physical and mental torture of D the deceased from the accused is not to be discarded simply on the score of independent corroboration. [para 20) [405-D-EJ 1.3 The plea of the appellant that no Panchayat was E convened, cannnot be a ground to discard the evidence of PW-4 and PW
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