SHER SINGH @ PARTAPA Vs. STATE OF HARYANA


This case is against the appellant. 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. There are four accused persons namely Appellant/Sher Singh (husband), Devinder Singh (brother-in-law), Jarnail Singh (father-in-law), and Sukhvinder Kaur (mother-in-law).There is no evidence on record to the effect that the accused persons ever raised a demand for a motorcycle and a fridge. He(Eldest member) has stated that his brother, i.e. the father of the deceased, had already died. He has stated that sufficient kanyadan was given at the time of marriage; that two months prior to her death the deceased had, on one of her visits to their home, conveyed to her brothers that her husband and his family were harassing her for dowry, especially a motorcycle and fridge. suicide. The Complainant has admitted that there were no demands for dowry either at the betrothal or at the time of marriage. Her maternal uncle Gurdip Singh avowedly fixed/mediated/arranged the unfortunate marriage, yet he was not apprised of the dowry demands by Angrez Singh. 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. 24 In this analysis, the Appeal is allowed and the impugned Judgment convicting and punishing the Appellant is set aside.

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