STATE OF PUNJAB versus GURDIP SINGH AND ORS.

Citation: [1995] SUPP. 6 S.C.R. 252 · Decided: 05-12-1995 · Supreme Court of India · Bench: G.N. RAY, G.T. NANAVATI · Disposal: Dismissed

Judgment (excerpt)

A 
B 
c 
STATE OF PUNJAB 
v. 
GURDIP SINGH AND ORS. 
DECEMBER 5, 1995 
(G.N. RAY AND G.T. NANAVATI,JJ.] 
Indian Penal Code, 1861}-Section 306-Acquittal for offence unde1-
Suicide by young bride--Case of maltreatment and instigating deceased to 
commit suicid~ot proved-Acquittal legally sustainable. 
The respondents were convicted by the Sessions Judge on a charge 
u/s 306 IPC. In appeal, the judgment of conviction was set aside. This 
appeal has been filed against the judgment of acquittal as recorded by the 
High Court. 
D 
According to the prosecution, the deceased got married to accused 
in February, 1978 and shortly after the marriage, she was ill treated by the 
accused for not bringing sufficient dowry; that PW 14, the sister of the 
mother of the deceased being the resident of the same town, the accused 
did not like the deceased going to her aunt's house or the members of the 
E aunts' family visiting the house of the accused and therefore, being 
depressed mentally, the deceased committed suicide in July, 1978. The 
prosecution mainly relied on the depositions made by the mother, the aunt 
and cousin brother of the deceased. PW 6 examined by the prosecution 
deposed that about 15 minutes before the incident, he had been to bis 
friend's house which was very close to the honse of the accused and 
F therefrom be heard that deceased was being instigated to commit suicide 
by burning or by drowning. 
The Sessions Judge held that the deceased had been ill-treated and 
demand of dowry had been made by the accused and the little girl felt 
G humiliated because of the taunts given to her and harsh treatment meted 
out to her. The accused were convicted for the offence u/s 306 IPC. In the 
appeal filed by the accused, the High Court set aside the conviction while 
holding that in the facts of the case, there was no convincing evidenc• to 
snpport the case of instigating the deceased to commit suicide. 
H 
In this appeal med agdinst the order of acqnittal, !!:< appellant 
252 
STATE v. GURDIP SINGH 
253 
submitted that the mother, the aunt and the cousin of the deceased had A 
deposed that demand of dowry had been made by the accused and for not 
getting the dowry as demanded by them, they had maltreated the deceased 
and this maltreatment continued shortly after the marriage; that the poor 
girl was rebuked for visiting the house of the aunt and even when the aunt 
had visited the house of the accused, the treatment meted out to the aunt 
had seriously injured the sentiments of the poor girl and that there was 
no reason to discard the evidence of PW 6 who had heard instigation of 
committing suicide imir 0 diately before the incident and therefore, the 
judgment of acc1uittal l1ling against the weight of evidence should be 
interfered with by this Court. 
Dismissing the appeal, this Court 
HELD ' 1.1 In this case, demand for dowry and the oppression made 
on account of such demand was not initially the case of the prosecution. 
B 
c; 
No charge under Section 304 B JPC had been framed in this case and if D 
the allegation of such demand of dowry and the consequential torture on 
the newly married wife was there, it was reasonably expected that the 
cha1ge under Section 304 B would have been framed against the accused. 
The only charge which had been framed against the accused was under 
Section 306 l.P.C. Although the mother, the annt and the cousin had stated 
about the demand of dowry and consequential ill-treatment meted out to 
the deceased, the letters written by the deceased to the mother and to the 
sister and also the letter written by the mother which had been exhibited 
in this case, did not indicate in any manner, that she had ever been taunted 
or humiliated on account of dowry demand. There was also on indication 
E 
in the said letters that she had either been physically or mentally tortured 
F 
in the house of the accused. The letter dated July 27, 1978 written by the 
deceased only indicated that she felt sad and was confused as to what 
should be done by her because her coming to the aunt's house or the aunt's 
visiting her in-law's house were being objected to by the accused and she 
solicited advice from her mother. The High Court in disposing of the G 
appeal had referred to such letter and has indicated that had there been 
any case of maltreatment which could have induced her to commit suicide, 
there should have been some indication of such inducement in the letters. 
The deceased was quite you

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