Delhi High Court
The State Of Delhi vs Dal Chand & Ors. on 25 November, 2009
Author: Sanjay Kishan Kaul
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 06.11.2009
% Date of decision: 25.11.2009
+ Crl. A. No.87 of 1996
THE STATE OF DELHI ...APPELLANT
Through: Mr. Sunil Sharma, Advocate.
Versus
DAL CHAND & ORS. ...RESPONDENTS
Through: Mr. Avninder Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE AJIT BHARIHOKE
1. Whether the Reporters of local papers
may be allowed to see the judgment? No
2. To be referred to Reporter or not? No
3. Whether the judgment should be
reported in the Digest? No
SANJAY KISHAN KAUL, J.
1. The respondents/accused were charged with offences under
Sections 498-A/304B read with Section 34 of the IPC for
causing dowry death of the deceased, Hemlata, but the trial
resulted in a judgement of acquittal dated 8.2.1996. The
State aggrieved by the said order of acquittal preferred the
present appeal.
2. The case of the prosecution is that on 20.7.1992 at about
9:00 a.m., Head Constable Amar Singh No.55 PCR conveyed
a message on wireless to the Police Station Dabri that one
lady has set herself and a girl aged 2 ½ years on fire at RZ-
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A-23, West Sagarpur and that the lady has expired and PCR
van was removing her to the hospital. The information was
duly recorded in the daily diary registered at Entry No.10A
and the copy of the DD report was entrusted to S.I.
Mukhtiar Singh, PW-16, for verification. S.I. Mukhtiar Singh,
PW-16, and Constable Laxman Prasad, PW-11, reached the
spot and found the dead body of Hemlata, the deceased
wife, in the burnt condition on the first floor of the house.
The police was also informed that the child Karuna had
been removed to Safdarjung Hospital by Head Constable
Amar Singh, PW-10, but had also expired. The statement of
the father of the deceased (Exhibit PW-1/A), Govardhan Lal,
PW-1, was recorded by the SDM, H.C. Gaur, PW-12. In
terms of the said statement the deceased was married to
Dal Chand on 16.5.1989. There was no demand of dowry at
the time of marriage but subsequently after a period of six
(6) months dowry demand is stated to have been made on
the deceased and harassment caused to her. The
deceased had even come back to her father's place about 6
to 7 months back but thereafter went back to the
matrimonial home on assurance by respectable neighbours.
PW-1 received information that his daughter had died at
about 1/1:30 p.m. on 20.7.1992.
3. The statement of Govardhan Lal (Exhibit PW-1/A) was sent
to the police station with the endorsement of the
Investigating Officer and formal F.I.R. (Exhibit PW-3/B) was
registered.
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4. The investigation was carried out by S.I. Mukhtiar Singh,
PW-16 along with Constable Laxman Prasad, PW-11. They
found the door of the room in a broken condition. The body
of the deceased was sent for postmortem. The crime team
had taken photographs of the scene and seized items found
at the spot. The husband of the deceased and his parents
were all charged as accused, who pleaded not guilty and
thus claimed trial.
5. The prosecution produced a number of witnesses, but in
order to establish the charge, the testimonies of the
parents and brother of the deceased is what was the
bedrock of the case. PW-1, the father of the deceased, and
PW-2, the mother of the deceased, deposed almost in an
identical fashion, setting forth the same story which was
recorded in exhibit PW-1/A. The brother of the deceased,
PW-4, had stated that after about six (6) months of
marriage the deceased had informed his wife that her
husband used to beat her for insufficient dowry and that
when he had gone to meet his sister about 10/11 months
after the marriage of the deceased, he had been prevented
from doing so. The brother never had a direct conversation
with the deceased. Insofar as the scene of crime is
concerned both PW-1 & PW-4 have deposed that when they
reached the spot they found the dead body of the deceased
in burnt condition with her hands tied and an iron rod
inserted in her mouth. This assertion is contrary to the
testimonies of PW-11 and PW-16 apart from other
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witnesses. The medical evidence of the postmortem shows
that it is the burns which have caused the death of both the
deceased.
6. The defence, in support of their case, have examined three
witnesses including the brother of the husband of the
deceased. It emerges from his testimony (DW-1) that the
deceased and her husband used to stay separately on the
first floor.
7. The aforesaid facts show that some of the ingredients of
Section 304 B of the IPC are satisfied inasmuch as the
death of the deceased was caused by burns other than in
normal circumstances and within seven (7) years of
marriage. The question, however, remains as to whether
the testimony on record can establish that the deceased
was subjected to cruelty or harassment, which cruelty and
harassment was in connection with demand of dowry and
such demand had been made soon before the death.
8. It may be noticed that the death occurred in a room which
was locked from inside and the door had to be broken by
the neighbour, DW-3. The surrounding circumstances,
thus, clearly show that it is a case of suicide. In view
thereof, insofar as the aspect of cruelty and demand of
dowry is concerned, the testimony of the parents and the
brother of the deceased become material. The testimony
of the brother of the deceased, PW-4, is to a large extent
hearsay based on what he claims was told by the deceased
to his wife. The testimonies of PW-1 and PW-2 have a
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number of discrepancies and contradictions. It is the own
case of PW-1 that at the time of marriage no demand of
dowry was made nor was any demand raised even soon
thereafter. The allegation is of the first demand being
raised only after about six (6) months. No specific
allegation has been made whether any goods were
demanded or the money and if so to what extent. It
appears that there were some strains in the relationship
between the deceased and her husband, which may have
caused the deceased to come and stay with her parents but
she went back to the husband. The first testimony of PW-1
was recorded before the SDM. There were contradictions in
the testimonies recorded before the SDM and in Court. PW-
1 claims that he does not know what was recorded by the
SDM. Same is the position with other two material
witnesses. Thus, one story is narrated to the SDM while an
altered story is recorded in Court. The witnesses
themselves cast a doubt over the statements made to the
SDM.
9. The probity of a witness is verified by his/her consistent and
true testimony. The manner in which the dead body was
found as narrated by PW-1 and PW-4 before the trial court
is quite different from what is narrated by the police
witnesses. The allegation is made that the hands of the
dead body were tied and there was an iron rod inserted in
the mouth of the deceased. The suggestion appears to be
that it is a case of homicide and not suicide to rope in the
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accused. The first witness to reach the site had completely
belied these allegations. Thus, the very probity of these
witnesses comes into a doubt. It is not only a case where
there is an element of exaggeration by the grieving
immediate relatives of the deceased, but the grievance
appears to be to such an extent that a colour of homicide is
sought to be given to a case of suicide.
10. It is these aspects which have weighed with the trial court
while acquitting the accused. The provisions of Section
304B of the IPC would be attracted when both the
ingredients of cruelty or harassment are coupled with their
being connected to the demand of dowry. The testimonies
of the parents and the brother are not reliable and no
independent witness has been examined, even though
respectable neighbours had stepped in to sort out the
problem between the deceased and her husband.
11. Another interesting aspect is the testimony of PW-7, Badri
Prasad. The brother of Badri Prasad is married to the sister
of the deceased. The said witness has deposed that they
belong to Barua Samaj a Nomadic Tribe and there is no
custom of either giving or taking dowry in this tribe. This is
another fact which creates a doubt on the testimonies of
PW-1, PW-2 & PW-4 insofar as the demand of dowry is
concerned. It, thus, does appear as if the strains of the
marriage of the deceased with her husband are sought to
be given a colour of dowry death and that too suggesting
homicide in a case of suicide.
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12. Dal Chand, the husband, used to work in Embassy as also
his father. In the statement made under Section 313
Cr.P.C. he admits to there being some quarrel between him
and his wife over food when he slapped the deceased and
went away to duty along with his father. It is when they
had reported for duty that DW-1 had informed them about
the demise of the deceased.
13. The appeal being one against acquittal, due weightage has
to be given to the views of the trial judge as to the
credibility of the witnesses and the approach of the
appellate court to proceed with caution to upset the
findings of the trial judge who has the benefit of recording
the evidence. If the said principles are applied to the
impugned judgement and the testimonies of key witnesses
perused, this Court cannot come to a different conclusion
than that which has been arrived at by the trial court.
14. We find no infirmity in the impugned judgement of acquittal
and dismiss the appeal.
SANJAY KISHAN KAUL, J.
NOVEMBER 25, 2009 AJIT BHARIHOKE, J.
b'nesh
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