RANJIT SINGHversusSTATE OF PUNJAB

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                                [2013] 7 S.C.R. 394


       A                           RANJIT SINGH
                                          v.
                               STATE OF PUNJAB
                        (Criminal Appeal No. 510 of 2007)
                                    JULY 3, 2013
       B
                       [A.K. PATNAIK, SUDHANSU JYOTI
                             MUKHOPADHAYA,JJ.]

               PENAL CODE, 1860:
       C        ss.304-B and 498-A - Dowry death - Bride found dead in
           her matrimonial home within 4 months of marriage -
           Conviction of husband and sentence of life imprisonment
           affirmed by High Court - Held: Prosecution has successfully
           proved the ingredients necessary to attract s. 304-B -- There
       D   is no reason to differ with conclusion of trial court as affirmed
           by appellate court that appellant is guilty of the offences
           punishable u/ss. 304-B and 498-A -- However, taking into
           consideration the fact, that appellant has got re-married and
           has three children including one handicapped son, and his
       E   mother is also paralysed, the sentence awarded uls 304-B is
           reduced to seven years.
               EVIDENCE ACT, 1872:
                s. 113-B - Presumption as to dowry death - Explained -
       F   Held: In the instant case, prosecution has successfully proved
           ingredients of s.304-B /PC and, as such, s.113-8 of the
           Evidence Act automatically comes into play.
               EVIDENCE:
                Dowry death - Evidence of independent witnesses - Held:
       G   Instances of cruelty and harassment for dowry, generally
           remain within personal knowledge of near relations, and their
           evidence is not to be discarded for independent corroboration
           or for not reporting the matter to Panchayat.

       H                                 394
       RANJIT SINGH v. STATE OF PUNJAB                395


     The appellant and his parents were prosecuted for       A
committing offences punishable u/s 302 IPC, with
alternative charges u/s 304-B/34, and u/s. 498-A IPC. The
case of the prosecution was that soon after the marriage
of the appellant with the daughter of PW4, the accused
started harassing the bride for more dowry and on            B
30.05.1996, i.e., within 4 months of her marriage, she was
found dead in her matrimonial home. The post-mortem
report indicated that the death was caused due to
asphyxia by throttling. The father of appellant of died
pending trial. The trial court convicted the appellant and   c
his mother u/s 304-8/34 IPC and 498-A IPC. On appeal,
the High Court affirmed the conviction of the appellant u/
s 304-B IPC with sentence of R1 for life and u/s. 498-A
with sentence of R1 for two years. His mother was,
however, acquitted.
                                                             D
    Disposing the appeal, the Court

     HELD: 1.1 The death of the bride took place just
within four months of her marriage. The case of the
prosecution mainly rests on the evidence of PW-4 and E
PW-5, the parents of the deceased. Their statements
indict the series of incidents forming part of the same
transaction which culminated in the death of the bride.
She was· disrespected by her-in-laws right from the very
beginning and from time to time was being harassed on · F
demand of dowry. The sequence of events suggested
that cruelty and harassment on account of such
demands were present till her death. Just a day before
the death, the bride informed her mother (PW-5) that the
accused were torturing her and demanding Maruti Car. G
From the statements of PW-2, the post-mortem doctor, it
is apparent that the death of the deceased was caused
by bodily injury which is otherwise than under the normal
circumstances. The prosecution has successfully proved
\ngredients of s.304-B IPC and, as such, s.113-B of the H
    396      SUPREME COURT REPORTS            [2013] 7 S.C.R.


A Evidence Act, 1872 automatically comes into play. The
  statement of the accused corroborates the materials
  particularly in relation to harassment and demand of
  dowry and death by torture. Therefore, the case squarely
  falls within the meaning of dowry death for the purpose
s to attract s. 304-B IPC. There is no reason to differ with
  the conclusion of the trial court as affirmed by the
  appellate court that the appellant is guilty of the offences
  punishable u/ss 304-B and 498-A IPC. [para 19 and 22-
  25) [405-B-C, G-H; 406-A-B, D-E, F-H; 407-A.C, DJ
c      1.2 It is, but natural, that instance of cruelty,
  harassment of demand of dowry generally would remain
  within the personal knowledge of near relations and they
  would be the best persons to depose about the same.
  Therefore, the evidence of physical and mental torture of
D the deceased from the accused is not to be discarded
  simply on the score of independent corroboration. [para
  20) [405-D-EJ

       1.3 The plea of the appellant that no Panchayat was
E convened, cannnot be a ground to discard the evidence
  of PW-4 and PW-5 who are material witnesses. About the
  harassment meted to a girl normally, the matter is first
  reported to the parents and not to the Panchanayat. It is
  not necessary that such matter is required to be reported
F to the Panchayat. [para 21) [405-F-GJ

       2. Taking into consideration the fact, that the
  appellant has got re-married and has three children
  including one handicapped son, and his mother is also
  paralysed, the sentence awarded u/s 3048 IPC is reduced
G to seven years. [para 25) [407-D-EJ
        CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
    No. 510 of 2007.

          From the Judgment and Order dated 17.01.2007 of the
H
          RANJIT SINGH v. STATE OF PUNJAB                      397


 High Court of Punjab & Haryana at Chandigarh in Criminal              A
 Appeal No. 303-DB of 2006.

     Mahabir Singh, Rakesh Dahiya, Mohit Mudgil, Satyapal
 Khushal Chand Pasi for the Appellant.
                •
     V. Madhukar, AAG, Anvita Gowshish, Srajita Mathur,                B
 Kuldip Singh for the Respondent.

      The Judgment of the Court was delivered by

      SUDHANSU JYOTI MUKHOPADHAYA, J. 1. This                          C
 appeal is directed against the judgment and order dated 17th
 January, 2007 passed by the Division Bench of the Punjab and
 Haryana High Court at Chandigarh in Criminal Appeal No. 303-
 DB of 2006. By its impugned judgment the Division Bench
 while acquitting one of the accused-Baldev Kaur, mother-in-law
                                                                       0
 of the deceased, of the charges framed against her, affirmed
 the sentence awarded by the Additional Session Judge,
 Bamala against the appellant under Section 304-B, 498-A IPC.

       The accused-appellant-Ranjit Singh has been sentenced
 to undergo RI for life under Section 304-B IPC and further            E
 sentenced to undergo RI for two years with a fine of Rs.2,000/
 -, in default thereof to go RI for a further period of six months
 under Section 498-A IPC.

      2. The facts necessary for disposal of the present appeal
                                                                       F
 are as follows:-

        The informant Bahadur Singh got recorded his statement
   on 30th May, 1996 to ASI Gurcharan Singh, Police Station
  Tapa to the effect that he had performed marriage of his
  daughter Jaswinder Kaur with Ranjit Singh @ Makhan, son of           G
  Raghbir Singh, resident of Roorki Kalan in the month of
  January, 1996. He gave 14 tolas gold, Rs.55,000/- cash, one
  scooter, fridge, cooler, sofa set, bed, almirah, etc. as dowry. In
. total he spent 1.5 lakh in the said marriage and fulfilled all the
  demands so raised by Raghbir Singh, father-in-law of his             H
    398     SUPREME COURT REPORTS                [2013] 7 S.C.R.


A daughter. After about 7 days of marriage, his daughter came
  to her parents house, she complained about the demand of
  money as "Shagun", upon which he handed over a sum of
  Rs.8,000/- to her daughter which she handed over to her
  husband-Ranjit Singh (appellant herein). The complainant
B Bahadur Singh in his statement further narrated as to how and
  when his daughter again came to them after 20 days of
  marriage and told about the demand made by her in-laws and
  pursuant thereto he again purchased articles worth Rs.1500/-
  and sent to her daughter's matrimonial house at Roorki Kalan.
c The complainant further stated that even thereafter also
  demands were made by her daughter's in-laws asking for
  articles of good quality as the earlier purchased articles were
  not upto their satisfaction. The complainant, Bahadur Singh
  further mentioned the episode of 29th May, 1998 when his wife
  Gurmail Kaur went to her daughter's matrimonial house at
0
  Village Roorki Kalan where her daughter narrated her about the
  harassment made by her in-laws on account of demand of a
  car. She further informed her mother that she apprehended that
  she might be killed by her-in-laws and requested to take her
E alongwith her. However, his wife consoled her daughter and
  went back to her house at village Kale Ka. On 30th May, 1996,
  at about 3.30P.M., they came to know about the death of their
  daughter Jaswinder Kaur and on reaching village Roorki Kalan
  they found their daughter Jaswinder Kaur lying on a cot in the
  courtyard of her in-laws house with injuries on her person. The
F complainant, suspected that Raghbir Singh, father-in-law,
  Baldev Kaur, mother-in-law, Raj Kaur, sister-in-law and Ranjit
  Singh, husband of his daughter murdered her.

      3. On the basis of the statement, FIR No. 60 dated 30th
G May, 1996 (Ex.PE) for an offence under Section 304-8/34 IPC
  was registered at Police Station Tapa, District Sangrur.

         4. The Police Office Gurcharan Singh, ASI (PW-6) reached
    the spot and prepared inquest report (Ex.PC) of the dead body
    of Jaswinder Kaur. He took the dead body to Civil Hospital,
H
         RANJIT SINGH v. STATE OF PUNJAB                    399
       [SUDHANSU JYOTI MUKHOPADHAYA, J.]
  Barnala for post-mortem examination where Dr. Bhalinder          A
· Singh(PW-2) conducted the post-mortem examination and by
  report (Ex.PA), he noticed as many as six injuries on the dead
  body arid opined that the cause of death was due to asphyxia
  by throttling.
                                                                   8
     5. Gurcharan Singh, ASl(PW-6) recorded the statement of
the witnesses under Section 161 Cr.P.C. The accused were
arrested and thereafter on completion of usual formalities of
investigation, final report under Section 173 Cr.P.C. was filed
against Raghbir Singh, Baldev Kaur and Ranjit Singh for trial.
In the absence of any evidence against Raj Kaur, sister-in-law     C
of the deceased, her case was dropped.

     6. After commitment of the case, the Trial Court framed
charges against the accused-appellant for commission of an
offence punishable under Section 302 IPC with the alternative      D
charges under Section 304-B read with Section 34 IPC and
under Section 498-A as well.

      7. The prosecution in all, examined as many as six
 witnesses viz. Gurjant Singh, son of Pritam Singh as PW-1, Dr.
 Bhalinder Singh as PW-2, Dev Raj, Draftsman as PW-4,              E
 Bahadur Singh, Gurmail Kaur, father and mother of the
 deceased as PW-4 and PW-5 respectively and Gurcharan
 Singh as PW-6.

     8. The accused denied the prosecution allegations. Their      F
stand was that the deceased, in a disturbed mental state
committed suicide by hanging herself. On behalf of the defence
as many as five witnesses were examined. Rajinder Singh,
constable as DW-1, Jagtar Singh @ Avtar Singh as DW-2,
Gurcharan Singh son of Harchand as DW-3, Major Singh, son          G
of Sukhdev Singh as DW-4 and DSP Darshan Singh as DW-
5.
    9. The Trial Court on conclusion of its trial, vide its
judgment dated 26.11.1998 convicted and sentenced the              H
    400     SUPREME COURT REPORTS                 [2013) 7 S.C.R.


A accused Baldev Kaur, mother-in-law, Ranjit Singh, husband
  and Raghbir Singh, father-in-law for commiting an offence under
  Section 304-B IPC. Pursuant to an order passed in criminal
  appeal No. 563-DB of 1998 filed by the accused in the High
  Court of Punjab and Haryana, the Division Bench by its order
B dated 1st February, 2006 set aside the conviction arid sentence
  recorded by the Trial Court, remanded back the case to the Trial
  Court with direction to proceed with the trials from the stage of
  Section 235Cr.P.C. and to pass order afresh in accordance
  with law. Separate Criminal Appeal as well as revision petition
C preferred by the State of Punjab and the complainant were
  dismissed by the same order, for having become infructuous.

       10. Pursuant to the direction of the High Court, the matter
  was again taken up by the Trial Court and during the re-hearing
  of the case before the Trial Court, accused Raghbir Singh was
D reported to have died on 19th April, 2003 and thereby the
  proceedings were abated against him by order dated 25th
  March, 2006.

        11. Thereafter, on appreciation of evidence led by the
E prosecution, the Trial Court held both Baldev Kaur, mother-in-
  law and Ranjit Singh, husband, guilty of offence under Section
  304-B read with Section 34 and Section 498-A IPC and
  sentenced as noticed earlier. On appeal, the Division Bench
  of the High Court by impugned judgment acquitted Baldev Kaur,
  mother-in-law but affirmed the judgment passed by the Trial
F Court so far as it relates to appellant-Rajnit Singh, husband of
  the deceased.

       12. Learned counsel appearing on behalf of the appellant
  assailed the judgment mainly on the ground that in the FIR, no
G specific allegation about the demand of dowry or harassment
  or cruelty was made against the appellant, Ranjit Singh,
  husband of the deceased. Even during the trial, the demand
  for dowry was not attributed to the appellant. Neither the Trial
  Court nor the High Court considered the defence evidence
H which appellant produced to rebut the presumption. Further,
         RANJIT SINGH v. STATE OF PUNJAB                     401
       [SUDHANSU JYOTI MUKHOPADHAYA, J.]
                                                                     A
learned counsel appearing on behalf of the appellant submitted
that Section 113-B of the Evidence Act is not applicable in the
present case. Baldev Kaur, mother-in-law of the deceased has
been acquitted considering the same evidence as is available
in the case·of Ranjit Singh.husband and the same cannot be
relied upon to hold the appellant guilty. It was also alleged that   B
the prosecution witnesses made major improvements in their
evidence and Trial Court failed to notice the defence evidence
which is more probable.

      13. Gurjant Singh,PW-1 stated that the deceased                c
Jaswinder Kaur, daughter of his sister was married to Ranjit
Singh at Kaleke in January, 1996. On the date of occurrence
i.e. 30th May, 1996 he had gone to visit at the house of accused
Ranjit Singh where all family members including Jaswinder
Kaur were present there. They were openly threatening                0
Jaswinder Kaur since she had not brought maruti car in dowry.
They started abusing her followed by Baldev Kaur, mother-in-
law who took her into a room by holding her from her neck. Ranjit
singh, husband caught hold of her legs and Raghbir Singh ,
father-in-law exhorted them to kill her by pressing her neck and
                                                                     E
similar exhortation was also given by Raj Kaur, sister-in-law and
in his presence all of them strangulated her to death.

     On behalf of the appellant it was contended that Gurjant
Singh(PW-1) is a maternal uncle of the deceased and,
therefore; his statement was not worthy of any credence as he        F
would not allow anybody to commit such crime in his presence.
If he would have present there at that time, he must have
intervened to save his niece or raised an alarm which he
admitted that he did not do so.
                                                                     G
      14. Bahadur Singh(PW-4) is the father of the deceased,
Jaswinder Kaur. He stated that on 30th May, 1996 at about
3.30P.m., he received information of his daughter's death at her
-in-law's house at Village Roorki Kalan. He along with others
visited the Village where he found his daughter, Jaswinder Kaur      H
    402     SUPREME COURT REPORTS                  [2013] 7 S.C.R.


A was lying dead on a cot then he visited Police Station Tapa and
  lodged an FIR. He stated that on demand of the accused-
  Raghvir Singh, father ·in-law, he spent Rs, 1,50,000/- on the
  marriage of her daughter. She was given 14 tolas of gold,
  scooter and Rs.55,000/- in cash. In addition to it he gave cooler,
B fridge, dressing table, etc. as dowry to his daughter. After 7-
  8days of marriage, Jaswinder Kaur came to Vilage Kaleke to
  meet her parents and told them that the accused were
  demanding more money as dowry and they also demanded the
  amount of "Shaguns". On this, he gave Rs.8,000/- as an amount
c of "Shaguns" to his daughter which she handed over to her
  husband-Ranjit Singh who had accompanied Jaswinder Kaur
  to Kaleke. After about 20 days, when he brought her daughter
  in Kaleke, she informed that her-in-laws were demanding more
  dowry. She further informed that she was being harassed by
  the accused. All the accused including Raj Kaur, sister-in-law,
0
  were demanding dowry articles of good quality. Gurmel
  Kaur(PW-5), mother of the deceased went to her daughter's
  matrimonial home one day prior to the date of occurrence of
  death when her daughter narrated her woeful stories and
  requested her mother to take her back as she was
E apprehending death from the accused. She further informed
  that the accused was demanding Maruti Car as dowry. Gurmail
  Kaur(PW-5) assured her daughter to she would tell the entire
  story to her father and she came back in the evening of the
  same day at Village Kaleke. Bahadur Singh(PW-4) further
F stated that his brother-in-law (wife's brother) went to meet
  Jaswinder Kaur at about 12/12.30 P.M. on the day of
  occurrence and saw that all the accused including Raj Kaur,
  sister-in-law were scolding Jaswinder Kaur as she had not
  brought Maruti Car for them.
G
       15. Gurmail Kaur(PW-5), mother of the deceased,
  deposed in her statement that her daughter was married to
  accused-Ranjit Singh about 4 months before the date of the
  occurrence of her death. Sufficient dowry was given in the
H marriage as per the demand of the accused. She had gone to
        RANJIT SINGH v. STATE OF PUNJAB                     403
      [SUDHANSU JYOTI MUKHOPADHAYA, J.]
the Village Roorki Kalan to meet her daughter where she told A
her that she was being maltreated by her-in-laws as they were
demanding Maruti Car and the demand was made by Baldev
 Kaur, mother-in-law, Ranjit Singh, husband, Raghbir Singh,
father-in-law and Raj Kaur, sister-in-law of the deceased. She
also told her mother that they were threatening to kill her in case B
she did not bring Maruti car. She requested her mother to take
her back to Kaleke as she apprehended danger to her life at
the hands of the accused. She consoled her daughter and
assured her that she would narrate the matter to her father. She
came to the Village Kaleke and narrated the entire matter to c
Bahadur Singh(PW-4). Next day at about 3.30 P.M. th~y
received a message that their daughter had been killed by her-
in-laws.

    16. Dr. Bhalinder Singh(PW-2) conducted the post mortem
examination on the dead body of Jaswinder Kaur @ Baljinder D
Kaur w/o Ranjit Singh @ Makhan Singh, Rio Roarke. The
deceased was shown aged about 30 years.

    The following injuries were found on the body of the
deceased:                                                          E

     1. Abrasion on the right side of neck 1x.25 cm in size Bern
     away from right angle of mouth 0.5 cm away from right ear.
     Horozontal in position.

     2. Contusion on right side of neck measuring 5x1 %cm,         F
     1cm below injury no. 1 and oblique in position.

     3. Contusion on right side of neck measuring 5x1 %cm
     %cm below injury no. 2.

    4. Contusion on right side of neck measuring 4x1 %cm           G
    %cm below injury no. 3.

    5. Contusion on left side 3x2cm in the middle.

    6. Upper eye-lid of left eye was swollen and blushed. On       H
    404      SUPREME COURT REPORTS                 [2013) 7 S.C.R.


A         dissection of neck soft tissue ecchomised.

          He stated that Hyoid bone was fractured. Right lung and
    left lung were congested with punctiform hemorrhage. Right
    heart contained blood and left heart was empty. Pericardium
    was congested. Doctor opined that the cause of death was due
8
    to asphyxia by throttling.

         17. In his cross-examination, he also stated that there is a
    possibility that if a ligature like a Pama was used for hanging
    through ling it would cause ligature marks.
c
       18. Dev Raj (PW-3) draftsman prepared a site plan for the
    same.

         19. Gurcharan Singh(PW-6), ASI, P.S. Kotwali, Barnala
    who was the AIO, recorded the FIR and stated that he inspected
D   the spot and prepared the rough site of the spot (Ex.PK) with
    correct marginal note. Cot on which the dead body was lying
    was also taken into possession vide memo (Ex.PF). On 31st
    May, 1996, he arrested the accused; Baldev Kaur, Raghbir
    Singh and Ranjit Singh. He recorded the statement of Bahadur
E   Singh(PW-4) as (Ex.DA)and Gurmail Kaur(PW-5) as (Ex.DB)
    without any omission or addition. He noted down the brief
    according to the facts contained in the FIR.

         It was given in the evidence of PW-4 that one day before
F   the death of Jaswinder Kaur, Gurmail Kaur(PW-5) mother of
    the deceased went to meet her daughter where she expressed
    her apprehension of threat to her life and requested to take her
    alongwith her (Gurmail Kaur PW-5). She also conveyed that
    there was a demand of Maruti Car from the accused for. which
G . Gunnel Kaur (PW-5) assured her daughter that she would bring
    the matter to the notice of Bahadur Singh(PW-4), father of the
    deceased. The statements of PW-4 and PW-3(parents of the
    deceased) were duly corroborated with respect to the demand
    of dowry and harassment immediately prior to the date of
H occurrence and the event of her visit a day prior to her death.
          RANJIT SINGH v. STATE OF PUNJAB                     405
        [SUDHANSU JYOTI MUKHOPADHAYA, J.]
  They were subjected to lengthy cross examination. Apart from A
  minor discrepancies, which do not go to the root of the case,
  their statements are corroborated on material particulars so far
  as the demands of harassment to Jaswinder Kaur is
  concerned. Their statements indict the series of incidents
  forming part of the same transaction which culminated in the B
  death of Jaswinder Kaur. The deceased was disrespected by
  her-in-laws right from the very beginning and from time to time
  was being harassed on demand of dowry. The sequence of
  events, discussed above, suggested that cruelty and
  harassment on account of such demands were present till her c
. death.

       20. Learned counsel for the appellant laid much stress that
 there is no independent eye witness to corroborate the
 statements of PW-4 and PW-5 who are closely related to the
 deceased. The contention is again meritless. It is, but natural, D
 that instance of cruelty, harassment of demand of dowry
 generally would remain within the personal knowledge of near
 relations and they would be the best persons to depose about
 the same. Therefore, the evidence of physical and mental torture
 of the deceased from the accused is not to be discarded E
 simply on the score of independent corroboration.

        21. One of the stand taken by the appellant that no
 Panchayat was convened and the matter was not reported to
 the police cannnot be the ground to discard the evidence of          F
 PW-4 and PW-5 who are material witnesses. About the
 harassment meted to a girl normally in Indian family, the matter
 is first reported to the parents and not to the Panchanayat. It is
 not necessary that such matter is require~ to be reported to the
 Panchayat.
                                                                      G
      22. From the statements of Dr.Bhalinder Singh(PW-2), it
 is apparent that the death of Jaswinder Kaur was caused by
 bodily injury which is otherwise than under the normal
 circumstances. The death took place within few months of the
 date of marriage i.e. much before seven years of marriage. It H
    406      SUPREME COURT REPORTS                  [2013) 7 S.C.R.


A   is shown that soon before her de~th she was subjected to cruelty
    and harassment by her husband in connection with the demand
    of dowry. Therefore, the present case squarely falls within the
    meaning of dowry death for the purpose to attract Section 304-
    8 IPC. Section 113-8 of the Indian Evidence Act deals with the
8   presumption of "dowry death" and proclaims that when the
    question is whether a person has committed a dowry death of
    a woman and it is shown that soon before her death, such
    woman had been subjected by such person to cruelty or
    harassment, for or in connection with demand of a dowry, the
C   Court shall presume that such person had eaused "dowry
    death". It can, therefore, be understood that irrespective of the
    fact whether the accused had any direct connection with the
    death or not, he shall be presumed to have committed the
    "dowry death" provided the other requirements mentioned
    above are satisfied.
0
         23. In the present case, we have noticed that the
    prosecution has successfully proved the ingredients necessary
    to attract the Provision of Section 3048 IPC. Such ingredients
    having been proved, Section 113-B of the Indian Evidence Act
E   automatically comes into play.

          In the facts and circumstances, the death of Jaswinder
    Kaur had taken place just within four months of her marriage.
    The case of the prosecution mainly rests on the evidence of
F   PW-4 and PW-5, parents of the deceased. They have made
    statements that even at the time of marriage they spent
    Rs,1,50,000 and even after 7-8 days of marriage when
    Jaswinder Kaur came to their parents house and conveyed that
    the accused were demanding dowry as the amount of "shagun"
G   for which Rs.8,000/- was given her to hand-over to her husband
    who accompanied her. Their statement further suggested that
    upon subsequent visit of their daughter after about 20 days, a
    sum of Rs.1500 was spent by PW-4 for purchase of certain
    articles, which his daughter took to her matrimonial home in a
    tractor. Just a day before the death, she informed her mother
H
        RANJIT SINGH v. STATE OF PUNJAB                      407
      [SUDHANSU JYOTI MUKHOPADHAYA, J.)
Gurmail Kaur(PW-5) that the accused were torturing her and           A
demanding Maruti Car.

     24. "T:he statement of the accused corroborates the
materials particularly in relation to harassment and demand of
dowry and death by torture. The accused being the husband            B
and direct beneficiary of the said demand of Maruti Car, we
find no reason to differ with the conclusion of the Trial Court as
affirmed by the Appellate Court that the appellant is guilty of
the offence under Section 304B IPC.

     25. At the end of the argument, learned counsel for the         C
appellant made an alternative submission and requested to
take a lenient view in view of the fact that after the death of
Jaswinder Kaur (first wife), the appellant got married second
time and from his second wife he has three children out of which
one son is handicapped and his mother is also paralysed.             D
Taking into consideration the aforesaid fact, we affirm the
conviction under Section 304B IPC and 498-A IPC and reduce
the sentence awarded under Section 304B IPC to seven years
alongwith the sentence of two years imposed under Section
498-A IPC and fine of Rs.2,000/- as imposed by the Trial Court       E
and affirmed by the Division Bench of the High Court with
direction that both sentences shall run concurre~tly. Bail bonds
of the appellant are cancelled and he is directed to be taken
into custody forthwith to serve out the remainder of the
sentence.                                                            F
RP:                                        Appeal· disposed of.