CS On Satbir Singh & Another v. State of Haryana

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Satbir Singh & Anr V.

The State of Haryana (2021)

DATE OF JUDGEMENT: 28 / 05/ 2021

BENCH: HON’BLE CJI NV RAMANA HON’BLE JUSTICE ANIRUDDHA BOSE

FACTS OF THE CASE

 The present appeals are based on the impugned judgment dated 06.11.2008 issued by the
High Court of Punjab and Haryana in Chandigarh in a Criminal Appeal, in which the High
Court denied the appellants' appeals and confirmed the Trial Court's decision of conviction
and sentence dated 11.12.1997.
 According to the prosecution, the dead and accused-appellant no. 1 married on July 1, 1994.
Some people informed the complainant on 31.7.1995, about 4 or 4.30 p.m., that his daughter
was ill and had been admitted to the hospital. On the basis of this information, he, his wife,
and their son went to the hospital and discovered that the deceased had died of burn injuries.
 The prosecution claimed that the deceased committed suicide by lighting herself on fire just
one year after her marriage and that she was subjected to abuse and harassment by both the
defendants shortly before her death because she brought less money.
 The appellants were found guilty of violating Sections 304B and 306 of the IPC by the Trial
Court in a decision dated 11.12.1997 and were sentenced to seven years in prison for the
offence punishable under Section 304B, and five years in prison for the offence punishable
under Section 306, IPC.
 The High Court maintained the Trial Court's order and dismissed the appellants' appeal in the
impugned judgement of 06.11.2008.

ISSUES

1. Whether the Trial Court and the High Court were proper in convicting the accused on the
allegation of violating Section 304B of the Indian Penal Code?

2. Whether the Trial Court and the High Court were proper in convicting the accused on the
allegation of violating Section 306 of the IPC?

JUDGEMENT

Trial Court and the High Court came to the conclusion that witnesses statements were
corroborative and consistent. They judged the witnesses to be trustworthy, and on the basis of
their testimony, they concluded that the deceased was subjected to brutality just before her death
because she did not bring enough dowry. The Trial Court's and the High Court's findings are
completely in agreement with us.

Issue 1 - It is apparent that the prosecution was able to successfully prove that the deceased's
death from burn injuries occurred within one year of her marriage. It has also been established

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that shortly before her death, she was subjected to harassment and cruelty as a result of dowry
demands. The presumption under Section 113B of the Evidence Act works against the
appellants, who are assumed to have caused the offence stated under Section 304B of the IPC
because the elements of Section 304B of the IPC have been met. In this case, the defendants
failed to produce any evidence to show that the death was unrelated to them or was caused by an
accident.

Issue 2 - The deceased committed suicide, according to the Trial Court and the High Court in
this case. We are, however, of the considered judgment that the Courts below reached a decision
based on assumptions, as there is no evidence on record to support the same. Because there was
insufficient evidence to establish the fact of suicide beyond a reasonable doubt, the presumption
under Section 113A of the Evidence Act is of little use to the prosecution. The prosecution has
not shown adequate evidence to prove the necessary factor of the deceased committing suicide.
The prosecution has not been able to prove that the death was caused by suicide in this case. As a
result, we believe this Court should intervene in the lower courts' convictions of the appellants
under Section 306 of the IPC.

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