State of Punjab Vs Iqbal Singh and Ors.

Citations: State of Punjab Vs Iqbal Singh and Ors., 1991 AIR 1532

Date of Judgement :10/05/1991

Equivalent citations: 1991 AIR 1532, 1991 SCR (2) 790

Case No.: Criminal Appeal No. 325 of 1987

Case Type: Special leave Petition

Appellant: State of Punjab

Respondent: Iqbal Singh and Ors.

Bench: Hon’ble Justice Ahmadi

Court: Supreme Court of India

Statues Referred:

• Indian Evidence Act,1872, Sections 113-A, 113-B
• Indian Penal Code, 1860,  Sections 107-10, 30, 304-B, 306, 498-A

Facts:

• Mohinder Kaur set herself and her three children on fire on the evening of 17/06/1983 at the home of her husband Iqbal Singh.
• The marriage was solemnised, 7-8 years before Mohinder Kaur set herself and her three children on fire.
• She had given birth to two little girls and a son.
• The Mohinder Kaur was functioning as an educator while her husband was a representative in the Punjab State Electricity Board office at Amritsar.
• Apparently in course of time their relationship was further weakening and thus Mohinder Kaur had composed a letter to the Deputy Superintendent of Police on 12/10/1977 whining about the evil treatment dispensed to her and capturing risk to her life and the existence of her kids. She in this way, looked for police assurance.
• Then, at that point on 31/12/1977 a separation deed was executed yet was not followed up on. It appears to be that the circumstance didn’t improve and thus she made the outrageous stride of stopping her daily routine just as the experiences of her three children’s since she captured that their destiny would be more terrible after her death.
• Mohinder Kaur prior to her death, composed a letter that very morning which has been repeated in extenso in section 13 of the Judgment of the preliminary Court.
• The content of that letter dated 07/06/1983 addressed to the Deputy Commissioner of Police, Public Dealing Branch, Amritsar, shows that her better half was requesting Rs. 35,000 to Rs. 40,000 via extra settlement and was abusing her and used to consume alcohol.
• She affirmed that her mother in law and sister-in-law planned and made unfounded indictments against her and her husband to beat her if she would not bring the extra settlement.
• She claims that they had even tried to kill her the evening of 06/06/1983 by sprinkling lamp oil/petroleum on her, yet their arrangement fizzled. She was exhausted because of the beating which was given to her by her husband every evening.  
• She further affirmed that her children were also additionally abused by her husband and his relatives. Because of these improvements she had taken the choice to put an end to her daily routine and the experiences of her kids to save them of the present and future distress.
• At the foot of the letter, she also annexed a note that even after her death. her husband and his relatives may attempt to make actual mischief her mom and more youthful sibling and mentioned the police to reach out to them the vital security. She begs for her compensation,
• After the disastrous episode which occurred on the evening of 07/06/1983 a First Information Report was held up against the husband Iqbal Singh, by the mother of the deceased. After examination of spouse, his mom and sister were set up for preliminary.
• The State has, hence, moved toward this Court via uncommon leave. Meanwhile, the charged Manjit Kaur has died. The petition is, thusly, restricted to Iqbal Singh and his sister Kulwant Kaur.

Issues:

• Whether a person is guilty of dowry death of a woman and the evidence discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry, Section 113B of Evidence Act provides that the Court shall presume that such person had caused the dowry death?

Contention of Petitioner:

The counsel for Petitioner contended that:

• Counsel for the State of Punjab took us through the evidence, particularly the letters dated 07/06/1983 and submitted that this was a clear case of the husband and his sister creating conditions which compelled the deceased to take the extreme step of burning herself and her children.
• The council also draw the light on that, the Deceased has also stated that this ill- treatment was due to failure of the deceased to meet his demand for extra dowry in the letter.

Contention of Respondent:

Counsel of the Respondent Contended that:

• Learned counsel for the respondents on the explanation perished that she had been compelled to wed with Iqbal Singh.
• Accentuation was additionally laid on the post-script at the foot of the said record made by Iqbal Singh such that he has consented to a separation since his better half cravings it.
• From these two assertions counsel for the respondents contended that the blamed Iqbal Singh had no resentment against each other and had communicated his eagerness to stop the conjugal relationship as spouse so wanted.
• The counsel presented that the explanation of the expired that she had to wed Iqbal Singh demonstrated that it was she who was quick to stop the relationship as she didn’t want to live with Iqbal Singh.
• Direction then, at that point alluded to letter Exh. Dated 01/04/ 1983 composed by the expired to one Gopal Singh whining about the conduct of the headmaster towards her. By that letter she communicated her craving to tie down an exchange from the school to dispose of the badgering dispensed to her by the headmaster.
• In this letter there is a notice that her husband Iqbal Singh was investing impressive energy in correspond able time in correspondence with the headmaster.
• From this letter counsel for the respondents presented that the expired might have ended it all by virtue of the provocation caused to her by the headmaster of the school. In any case, that doesn’t clarify the killing of the youngsters. This letter was composed on 17/04/1983 through the episode being referred to happened on 17/06/1983 that ismore than 1-1/2 months from there on.
• The quick reason for the outrageous advance taken by the expired is plainly reflected in the two letters of 17/06/1983, Consequently, counsel for the respondents from the letter of 17/04/1983 can’t propel the safeguard set up by the charged people.
• Iqbal Singh recorded a composed articulation together with Kulwant Kaur wherein he expressed that he had not assisted his significant other with getting an exchange as the family was having a decent home in the town and this was the genuine reason for squabble between the two. The assertion shows that the factum of fight between the couple isn’t genuinely questioned.
• The idea of correspondence he was continuing with the headmaster isn’t hard to pass judgment. He then, at that point expresses that he had bought the plot for the sake of his husband for Rs. 12,500 however he doesn’t unveil the source from which the thought for the plot came.
• He further expresses that his husband was procuring Rs. 900 each month and, along these lines, he would never have engaged an aim to push her to ending it all. It would, thusly, show up from the proof set on record that the relations between the perished and Iqbal Singh were stressed as a result of the last’s interest for additional share, and they deteriorated so much that the expired chose to stop her life.

Judgment:

The appeal was allowed.

It was ordered to set aside the High Court’s order and restore the order of conviction and sentence which was passed by the trial court.

The plea for reduction of his sentence cannot be countenance.

Ratio Decidendi:

• The High Court alluded and remained silent concerning its application. Being a standard of proof, it could maybe have been conjured if verification in regard to the specific date of marriage was laid. Since there is no fitting proof that the marriage was solemnized from the date of occurrence we need not expand on that point.
• The law went through a further change with the presentation of area 304B in the Penal Code and Section 113B in the Evidence Act by the Dowry Prohibition (Amendment) Act, 1986.
• Where the passing of a lady is brought about by consumes or substantial injury or happens in any case than under ordinary conditions inside seven years of her marriage and proof uncovers that soon before her demise she was exposed to pitilessness or provocation by her significant other or any of his relative for or regarding any interest for share, such passing is depicted as endowment passing under Section 304B for which the discipline reaches out to detainment for life yet at the very least detainment for a very long time.

Conclusion:

The factum of fight between the couple isn’t truly questioned. The expanding number of such passing involved genuine worry to our officials. So, in request to battle this, the assembly chose to revise the Penal Code, Criminal Procedure Code, and the Evidence Act by the Criminal Law (Section Amendment) Act, 1983 (No, 46 of 1983).

Undoubtedly, Section 498A came to be presented whereunder ‘remorselessness’ by the spouse or his comparative with the previous’ better half is made a reformatory offense culpable with detainment for a term which may reach up to three years and fine.

The clarification to the part characterizes ‘brutality’ to mean:

• Wilful direct which is of such a nature as is probably going to drive the lady to end it all or to make grave injury or risk her life, appendage, or wellbeing or
• Making provocation of the lady with a view pressuring her or any individual identified with her to satisfy any unlawful need for any property or important security.

Subsequently, under this recently added arrangement if a lady is exposed to mercilessness by her significant other or his overall it is a punitive offense and by the addition of Section 198A in the Code of Criminal Procedure, Court can take insight of the offense upon a police report or upon a grumbling by the oppressed party or by the lady’s folks, sibling, sister, and so on.

Drafted by: Bharti Verma, Chanderprabhu Jain College of Higher Studies and School of Law.

Edited by: Aashima Kakkar, Associate Editor, Law Insider

Published On: November 11, 2021 at 19:30 IST