TaxTMI 
TaxTMI 
2013 (9) TMI 1272
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.... Additional Sessions Judge, Amritsar. First accused is his son. The prosecution case as succinctly summarized by the High Court in the impugned judgment is extracted below: Harjit Kaur, daughter of Mohinder Singh was married with Mohan Singh accused. Mohinder Singh along with Hari Singh Sarpanch, who was his brother from the brotherhood, had gone to village Gharyala to see his daughter Harjit Kaur because the in-laws of Harjit Kaur were in the habit of picking up quarrels with her for bringing less dowry. The in-laws of Harjit Kaur used to pressurize her to bring scooter, refrigerator and cash from her parents. On her failure to do so, they after conspiring with each other, threatened to kill her by giving some poisonous subs....
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...., PW-6 Harbhajan Singh, PW-7 SI Amrik Singh and PW-8 Dr. Ram Krishan Sharma. 3. The Sessions Court convicted both the accused Under Section 498A of Indian Penal Code for rigorous imprisonment for a period of two years and fine of Rs. 500/- each and, in default of payment of fine, for another three months, and Under Section 304B of Indian Penal Code for rigorous imprisonment for a period of ten years and fine of Rs. 500/- each and, in default of payment of fine, for another three months. The sentences were ordered to run concurrently. The High Court, in appeal, maintained the conviction but reduced the sentence Under Section 304B of Indian Penal Code to seven years rigorous imprisonment and confirmed the rest. 4. It is reported that th....
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....ir in-laws" and Section 304B was introduced as per Act 43 of 1986 to make the penal provisions "more stringent and effective". (Emphasis supplied) 6. In this context, the background for the amendments would be a relevant reference. In the 91st Report on Dowry Deaths and Law Reform submitted by Justice K.K. Mathew, Chairman, Law Commission of India, on 10.08.1983, it is stated at Paragraphs 1.3 to 1.5 as follows: 1.3 If, in a particular incident of dowry death, the facts are such as to satisfy the legal ingredients of an offence already known to the law, and if those facts can be proved without much difficulty, the existing criminal law can be resorted to for bringing the offender to book. In practice, however, two....
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.... with the help of the normal rules of evidence, is the device of inserting presumptions. In this sense, it is possible to consider the question whether, on the topic under discussion, any presumption rendering the proof of facts in issue less difficult, ought to be inserted into the law. 1.5 Coming to substantive criminal law, if a deficiency is found to exist in such law, it can be filled up only by creating a new offence. Before doing so, of course, the wise law maker is expected to take into account a number of aspects, including the nuances of ethics, the ever-fluctuating winds of public opinion, the Demands of law enforcement and practical realities. (Emphasis supplied) 7. Though the expression "presumed" is ....
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....context: 1.8. Those who have studied crime and its incidence know that once a serious crime is committed, detection is a difficult matter and still more difficult is successful prosecution of the offender. Crimes that lead to dowry deaths are almost invariably committed within the safe precincts of a residential house. The criminal is a member of the family: other members of the family (if residing in the same house) are either guilty associates in crime, or silent but conniving witnesses to it. In any case, the shackles of the family are so strong that truth may not come out of the chains. There would be no other eye witnesses, except for members of the family. (Emphasis supplied) 10. Having carefully gone throug....
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....he time of evidence or at the time of the death of the deceased, is not clear. Neither PW-1, father of the deceased nor PW-2 Sarpanch or any other witness has given any evidence with regard to the date of marriage. No document whatsoever has been produced with regard to the marriage. There is no evidence even with regard to the date of birth of the children. Also, according to PW-1 father of the deceased, the marriage had taken place five to seven years back. It has to be noted that DW-1 elder devrani/sister-in-law of the deceased had stated in her evidence that the marriage had taken place around eleven years back. Nobody has even spoken on the exact date of marriage. The death reportedly took place on 06.04.1990. The evidence was recorded....