Criminal Appeal No. 546-SB of 1997. Case: Raminder Singh Vs State of Punjab. High Court of Punjab (India)
| Case Number | Criminal Appeal No. 546-SB of 1997 |
| Counsel | Bipan Ghai, Sandeep Gehlawat, Mehardeep Singh |
| Judges | Kanwaljit Singh Ahluwalia, J. |
| Issue | Indian Evidence Act, 1872 - Section 113B; Code of Criminal Procedure, 1973 (as amended by Act No.25 of 2005 & Act No.2 of 2006) - Sections 173, 313; Indian Penal Code, 1860 - Section 304B |
| Judgement Date | January 12, 2010 |
| Court | High Court of Punjab (India) |
Judgment:
Kanwaljit Singh Ahluwalia, J.
Raminder Singh, aged 30 years was named as accused in case FIR No. 34 dated 26.06.1993 registered at Police Station Govt. Railway Police, Patiala under Section 304-B IPC.
On 4th October, 1990, appellant was married with Tejinder Kaur at Zira. On 30th May, 1993 at 1720 hours, the dead body of Tejinder Kaur was found on the railway line between Railway Station Daun Kalan and Patiala. The deceased was run-over by the train. According to the prosecution, she committed suicide due to harassment caused by her husband on account of demand of dowry, whereas, the defence has projected that it was case of an accident. Railway Guard had reported that on 30th May, 1993, a lady was run-over and killed by the train. Since, no identification of the dead body was carried, post mortem of the dead body was got carried and the dead body was cremated. However, before the cremation, for purposes of identification, photographs of the dead body were taken. On 4th June, 1993, relations of the deceased from the photographs, identified the dead body to be of Tejinder Kaur and on 6th June, 1993, statement of Maan Singh PW-7 was recorded, on the basis of which above said FIR was registered.
Maan Singh appeared in the Police Station and his statement was recorded on 6th June, 1993 at about 3.15 p.m. Maan Singh stated that he was resident of Zira, District Ferozepur. He had got two sons and two daughters. The eldest daughter Tejinder Kaur was employed as a Teacher in Govt. High School, Bhago Ke, Zira and was married with Raminder Singh on 4th October, 1990. Raminder Singh had not demanded dowry before marriage and at the time of marriage, dowry was given by the complainant according to his capacity. On the very first visit, along with the daughter of the complainant, when the accused visited house of the complainant, he raised a demand for Scooter. The complainant, in consultation with his relations, i.e. Harinder Singh maternal uncle and cousin of the deceased, to save the marriage, agreed to arrange the money for purchase of Scooter. The daughter was sent with the accused on 7th October, 1990. Thereafter, arrangement of funds was made and a draft amounting to Rs.15,000/- was got issued from Union Bank of India, Faridkot on 9th October, 1990 and the same was remitted to Raminder Singh at Chandigarh for purchase of Scooter. At that time, Raminder Singh was working at diesel component workshop, Patiala. He was staying at Patiala in a Govt. quarter. Whereas, the daughter of the complainant, deceased Tejinder Kaur was serving at Zira in a School. During vacations and holidays, Tejinder Kaur used to visit her husband at Patiala or her in-laws place at Chandigarh. On every trip, when she returned, she looked worried and calm. However, she had reposed confidence in her friend Salwinder Kaur and told that her husband is raising demand of dowry and on refusal she was given beating by the appellant. Later Tejinder Kaur had given birth to a son at Chandigarh. When she visited her parents at Zira along with her son, a demand was raised by Raminder Singh that the deceased should bring Television on her return, otherwise she should not come. To satisfy this demand, the complainant had given Rs.8000/- and one gold Kara. It was further stated that greed of the appellant was not satisfied and on the occasion of Diwali, he demanded Rs.50,000/- for purchase of plot. The complainant was not in a position to fulfill this demand of Rs.50,000/-. The various attempts made by the complainant to pacify Raminder Singh did not bore fruit and demand of Rs.50,000/- persisted. The deceased had come to the house of her parents and for 15-20 days Raminder Singh did not come to take her back. Consequently, the complainant had sent his daughter to Patiala and she returned after staying there for 2-3 days. On 16th December, 1992, a death occurred in their relations at Zira and Raminder Singh along with his family came there. The relations were gathered and father of Raminder Singh was requested that better sense should prevail and Raminder Singh should not demand...
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