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Sher Singh at Partapa Vs State of Haryana On 9 January, 2015: Sections 304B 498A

This appeal was filed against a judgment dismissing an appeal and upholding the conviction and sentencing of the appellant under Sections 304B and 498A of the Indian Penal Code for dowry death. The appellant was married to the deceased in 1997. According to the prosecution, two months before her death, the deceased told her brothers she was being harassed by demands for a motorcycle and fridge from her husband and in-laws. She was advised to return home with the promise these items would be provided after her brothers' marriages. On February 7, 1998, the deceased allegedly committed suicide by consuming poison. An FIR was filed the next day. At trial, the appellant and his family were convicted and sentenced, but the High Court upheld the

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131 views

Sher Singh at Partapa Vs State of Haryana On 9 January, 2015: Sections 304B 498A

This appeal was filed against a judgment dismissing an appeal and upholding the conviction and sentencing of the appellant under Sections 304B and 498A of the Indian Penal Code for dowry death. The appellant was married to the deceased in 1997. According to the prosecution, two months before her death, the deceased told her brothers she was being harassed by demands for a motorcycle and fridge from her husband and in-laws. She was advised to return home with the promise these items would be provided after her brothers' marriages. On February 7, 1998, the deceased allegedly committed suicide by consuming poison. An FIR was filed the next day. At trial, the appellant and his family were convicted and sentenced, but the High Court upheld the

Uploaded by

shivanika singla
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Sher Singh @ Partapa vs State Of Haryana on 9 January, 2015

This Appeal has been filed against the Judgment dated 16.12.2010 passed by the learned
Single Judge of the High Court of Punjab and Haryana dismissing the appeal and
affirming the conviction and sentence passed against the Appellant by the Trial Court
under Sections 304B and498A of the Indian Penal Code. The marriage between the
deceased, Harjinder Kaur and the accused-Appellant took place on 22.2.1997. The case
of the prosecution is that two months prior to her death on one of her visits to her
parental home, the deceased informed her two brothers of cruelty connected with dowry
demands meted out to her by her husband and his family members. They, thereafter,
conveyed this information to their uncle- Complainant, Angrej Singh viz. that the
accused and his family have been harassing her with a demand for a motorcycle and a
fridge. The Complainant advised her to return to her matrimonial house with the
assurance that a motorcycle and a fridge would be arranged upon the marriage of her
brothers. On 7.2.1998, one Rajwant Singh informed the Complainant that the deceased
had committed suicide by consuming some poisonous substance at her matrimonial
house in village Danoli. The Complainant, along with the brothers of the deceased and
other members of the village, rushed to the matrimonial house of the deceased and after
confirming her death, lodged an FIR on the next day i.e., on 8.2.1998.
2 In all, four accused persons, namely, Appellant/Sher Singh (husband), Devinder Singh
(brother-in-law), Jarnail Singh (father-in-law), and Sukhvinder Kaur (mother-in-law)
were tried by the learned Sessions Judge, Karnal under Sections 304B and 498A IPC.
After considering the material on record the learned Sessions Judge had convicted all
the accused and sentenced them to undergo rigorous imprisonment for seven years
under Section 304B; and to undergo rigorous imprisonment for three years and to pay a
fine of Rs.5,000/- and, in default of payment of such fine, to further undergo rigorous
imprisonment for a period of six months under Section 498A.
In cross-examination, the complainant has admitted that the deceased never spoke to
him about her domestic problems or regarding demand of dowry by the accused except
once, on the last occasion of her visit. He has further admitted that even her brothers
had not conveyed any information to him in this regard. On the fateful day PW4 stated
that he reached the village where the deceased resided and where she had committed
suicide at about 7.00 pm on 7.2.1998 and that he immediately left for that place along
with several others after ascertaining facts; the following morning he lodged the report

at P.S. Assandh. What is important from his deposition is that he has deposed of only
one alleged demand of dowry.
We may only observe that in his examination under Section 313 Cr.P.C. the accused has
proffered details of his defence. This is not a case where he has merely denied all the
questions put by the Court to him. As already stated above, because of the insufficiency
or the unsatisfactory nature of the facts or circumstances shown by the prosecution, the
burden of proving his innocence has not shifted to the Appellant, in the present case.
24 In this analysis, the Appeal is allowed and the impugned Judgment convicting and
punishing the Appellant is set aside.

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