STATE OF PUNJAB versus IQBAL SINGH AND ORS.

Citation: [1991] 2 S.C.R. 790 · Decided: 10-05-1991 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
STATE OF PUNJAB.. 
v. 
IQBAL SINGH AND ORS. 
MAY 10, 1991 
B 
[A.M. AHMADI, V. RAMASWAMI AND K. RAMASWAMY, JJ.) 
c 
D 
E 
Indian Penal Code, 
1860-Sections 107, 
108-'Abetment' 
Abettor'-Definition of. 
Words and Phrases-"Jnstigate", "aid"-Meaning of. 
Indian Evidence Act, 1872-Sections 113-A and 113-B-Dowry 
death-Presumption-Legislative intention of-Duty of Court indicated. 
lndian Penal Code, 1860-Sections 107-120, 302, 304-B, 306 and 
498-A-Married woman, subjected to cruelty or harassment-Death-
Presumption of-Punishment of persons responsible. 
Respondent No. l's wife setting herself and her three children 
ablaze, died at her husband's house on 7.6.1983. The marriage had 
taken place seven or eight years before the incident. The deceased wife 
was working as a teacher while her husband was a clerk. 
Soon after the marriage there were disputes between them on the 
question of dowry. The demand for extra dowry strained the relations 
between them and the husband began to ill-treat the deceased wife. 
The deceased had written a letter to the Deputy Superintendent of 
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Police on 12.10.1977 complaining about the ill-treatment meted out to 
her and apprehending danger to her life and the lives of her children. 
When the police came to inquire into the matter there was some under~ 
standing, as a result of which she had informed the police that no 
further action be taken for the present but her application may be kept 
pending. Later, a divorce deed was executed but not acted upon. The 
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situation did not improve. 
On 7 .6.1983, the very morning of incident, the deceased wife 
wrote a letter addressed to Deputy Commissioner of Police, wherein she 
narrated how she and her children were ill-treated by her husband, 
mother-in-law and sister-in-law for dowry and why she took the deci· 
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sion to put an end to her life and the lives of her children. Another letter 
790 
-.,. 
 l 
STATE OF PUNJAB v. IQBAL SINGH 
791 
of e_ven date was addre~d to her mother stating the reasons for her 
such act. 
A First Information Report was lodged against the Respondent 
No. 1 by the mother of the deceased. After investigation the Respondent 
No. 1, his mother and sister were put up for trial. The Trial Court on an 
examination of the prosecution evidence convicted all the three accused 
persons under Section 306, IPC and sentenced the husband to rigorous 
imprisonment for seven years and a fine of Rs.5,000, in default, rigor-
ous imprisonment for one year and sentenced the two others to rigorous 
imprisonment for three years and a fine of Rs.I,000 each, in default, 
rigorous imprisonment for three months, against which order' accused 
persons preferred an appeal before the High Court. 
The High Court on a reappreciation of the evidence and having 
regard to the language of Section 306, IPC came to tht conclusion that 
there was no evidence to show that any of the accused was guilty of 
abetment and allowed the appeal. 
The State has, therefore, approached this Court by way of special 
leave. In the meantime the Respondent No. 1 's mother had passed away. 
The appeal was, therefore, limited to the Respondent No. 1 and his 
sister. 
A 
B 
c 
D 
Allowing the appeal, this Court, 
E 
HELD: 1. 'Abetment' as defined by Section 107 comprises (i) 
instigation to do that thing which is an offence, (ii) engaging in any 
conspiracy fot" the doing of that thing and (iii) intentionally aiding by 
any act or illegal omission the doing of that thing. An abettor is a person 
who abets an offence or who abets either the commission of an offence 
F 
or the commission of an act which would be an offence. [798C-DJ 
2. The word 'instigate' in the literary sense means to incite, set or 
urge on, stir up, goad, foment, stimulate, provoke, etc. The dictionary 
meaning of the word, "aid" is to give assistance, help, etc. {7980-E) 
3. Where the death of a woman is caused by burns or bodily 
injury or occurs otherwise than under normal circumstances within 
seven years of her marriage and evidence reveals that soon before her 
death she was subjected to cruelty or harassment by her husband or any 
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of bis relative for or in connection with any demand for dowry, such 
death is described as dowry death under Section 304 B for which the 
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A 
B 
c 
792 
SUPREME COURT REPORTS 
[1991] 2 S.C.R. 
punishment extends to imprisonment for life. but not Jess than impri-
sonment for seven years. By Section J 138, Evidence Act, the court.has to 
raise a presumption

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