# GIRISH SINGH v. THE STATE OF UTTARAKHAND

- **Citation:** [2019] 9 S.C.R. 668
- **Court:** Supreme Court of India
- **Decided:** 2019-07-23
- **Case number:** Criminal Appeal No. 1475 of 2009
- **Bench:** Sanjay Kishan Kaul, K. M. Joseph
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/girish-singh-v-the-state-of-uttarakhand-34292
- **Pages:** 27

## Headnote

Penal Code, 1860: s.304B r/w s.34 - Dowry death -
Appellants-accused were father and son - Victim deceased was wife
of accused no.1 - Case against the appellants was that the deceased
was treated with cruelty on account of dowry demand - The victimdeceased committed suicide by burning - Trial court held that
prosecution failed to prove case against both the appellants-accused
and ordered acquittal - Before High Court, appellants produced
letters to show that there was no cruelty, however, High Court held
that actual letters written by the deceased showing cruelty could
not be produced as they were misplaced due to shifting of the house
- High Court accepted the deposition given by prosecution witnesses
as reliable and trustworthy and convicted the appellants under
s.304B r/w s.34 - On appeal, held: The evidence of the mother of
the deceased did not reflect that deceased ever complained about
accused having harassed or beaten on account of dowry - Also,
there were serious contradictions in the evidence of the father of
the deceased - The two letters alleged to have been written by
deceased were not produced by the prosecution on the plea that
they were misplaced during shifting of the house - Even, if it is
accepted that those letters were misplaced, the letters admittedly
sent by the father of the deceased to his deceased daughter within
few days of the receipt of the letters did not disclose anything about
the harassment or cruelty or dowry demand - Even, in the letter
written by father of the deceased to his son, there was no mention
about any harassment or cruelty on account of dowry demand -
High Court, however, still took the view that dowry related
harassment was mentioned in the letters sent by the deceased which
were not even produced - This approach, particularly, in an appeal
against acquittal was clearly unacceptable - Case under s.304B,
thus, not made out - Conviction set aside.
 [2019] 9 S.C.R. 668
668
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Penal Code, 1860: s.304B - Scope of trial under -
Appellants-accused were father and son - Victim deceased was wife
of accused no.1 - Allegation that accused-father wanted to fulfil
his lust with his daughter-in-law and as she did not agree he used
to torture her and give her beating - The victim-deceased committed
suicide by burning - High Court convicted the appellants under
s.304B r/w s.34, however found that offence under s.306 was not
made out - On appeal, held: The case of abetting suicide under
s.306 r/w s.34 was found unacceptable both by the trial court and
High Court and appellants were acquitted of said offence - A perusal
of the impugned judgment showed that accepting the version of the
prosecution witnesses, the High Court was persuaded to hold inter
alia that the second accused also harassed her by asking her to
provide liquor in the glass, and after taking liquor, in the state of
intoxication, he used to ask her to sleep with him and on her refusal,
subjected her to mental cruelty - High Court was in clear error in
taking into consideration the evidence relating to harassment by
the second accused on the basis that he, in the state of intoxication,
asked her to sleep with him, and on that basis, she was subjected to
mental cruelty - The said evidence is totally irrelevant and foreign
to the scope of a trial for the offence under s.304B - It did not
relate, at all, to the demand for dowry - High Court overstepped its
limits in dealing with an appeal against acquittal - The view taken
by the trial court was a possible one and did not merit interference
by the Appellate Court - Evidence Act, 1872 - s.113B.
Appeal: Appeal against acquittal - Scope of interference -
Discussed.
Criminal trial: Evidence - Chief examination and crossexamination of witnesses - Held: Truth in a criminal trial is
discovered by not merely going through the cross-examination of
the witnesses - There must be an analysis of the chief-examination
of the witnesses in conjunction with the cross-examination and th

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[2019] 9 S.C.R.
GIRISH SINGH
v.
THE STATE OF UTTARAKHAND
(Criminal Appeal No. 1475 of 2009)
JULY 23, 2019
[SANJAY KISHAN KAUL AND K. M. JOSEPH, JJ.]
Penal Code, 1860: s.304B r/w s.34 - Dowry death -
Appellants-accused were father and son - Victim deceased was wife
of accused no.1 - Case against the appellants was that the deceased
was treated with cruelty on account of dowry demand - The victimdeceased committed suicide by burning - Trial court held that
prosecution failed to prove case against both the appellants-accused
and ordered acquittal - Before High Court, appellants produced
letters to show that there was no cruelty, however, High Court held
that actual letters written by the deceased showing cruelty could
not be produced as they were misplaced due to shifting of the house
- High Court accepted the deposition given by prosecution witnesses
as reliable and trustworthy and convicted the appellants under
s.304B r/w s.34 - On appeal, held: The evidence of the mother of
the deceased did not reflect that deceased ever complained about
accused having harassed or beaten on account of dowry - Also,
there were serious contradictions in the evidence of the father of
the deceased - The two letters alleged to have been written by
deceased were not produced by the prosecution on the plea that
they were misplaced during shifting of the house - Even, if it is
accepted that those letters were misplaced, the letters admittedly
sent by the father of the deceased to his deceased daughter within
few days of the receipt of the letters did not disclose anything about
the harassment or cruelty or dowry demand - Even, in the letter
written by father of the deceased to his son, there was no mention
about any harassment or cruelty on account of dowry demand -
High Court, however, still took the view that dowry related
harassment was mentioned in the letters sent by the deceased which
were not even produced - This approach, particularly, in an appeal
against acquittal was clearly unacceptable - Case under s.304B,
thus, not made out - Conviction set aside.
 [2019] 9 S.C.R. 668
668
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Penal Code, 1860: s.304B - Scope of trial under -
Appellants-accused were father and son - Victim deceased was wife
of accused no.1 - Allegation that accused-father wanted to fulfil
his lust with his daughter-in-law and as she did not agree he used
to torture her and give her beating - The victim-deceased committed
suicide by burning - High Court convicted the appellants under
s.304B r/w s.34, however found that offence under s.306 was not
made out - On appeal, held: The case of abetting suicide under
s.306 r/w s.34 was found unacceptable both by the trial court and
High Court and appellants were acquitted of said offence - A perusal
of the impugned judgment showed that accepting the version of the
prosecution witnesses, the High Court was persuaded to hold inter
alia that the second accused also harassed her by asking her to
provide liquor in the glass, and after taking liquor, in the state of
intoxication, he used to ask her to sleep with him and on her refusal,
subjected her to mental cruelty - High Court was in clear error in
taking into consideration the evidence relating to harassment by
the second accused on the basis that he, in the state of intoxication,
asked her to sleep with him, and on that basis, she was subjected to
mental cruelty - The said evidence is totally irrelevant and foreign
to the scope of a trial for the offence under s.304B - It did not
relate, at all, to the demand for dowry - High Court overstepped its
limits in dealing with an appeal against acquittal - The view taken
by the trial court was a possible one and did not merit interference
by the Appellate Court - Evidence Act, 1872 - s.113B.
Appeal: Appeal against acquittal - Scope of interference -
Discussed.
Criminal trial: Evidence - Chief examination and crossexamination of witnesses - Held: Truth in a criminal trial is
discovered by not merely going through the cross-examination of
the witnesses - There must be an analysis of the chief-examination
of the witnesses in conjunction with the cross-examination and the
re-examination, if any - The effect of what other witnesses have
deposed must also enter into consideration of the matter - Evidence.
Allowing the appeals, the Court
HELD: 1.1 Section 304B is applicable if within 7 years of
the marriage, death of a woman (the wife) takes place. The death
GIRISH SINGH v. THE STATE OF UTTARAKHAND
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must be caused by any burns or bodily injury or the death occurs
otherwise than under normal circumstances. It must be
established that soon before her death, she was subjected to
cruelty or harassment. The cruelty or harassment may be by her
husband or any relative of her husband. The cruelty or
harassment must be for, or in connection with, any demand for
dowry. Section 304B treats this as a dowry death. Therefore, in
such circumstances, it further provides that husband or relative
shall be deemed to have caused her death. Section 113B of
Evidence Act, 1872 provides for presumption as to dowry death.
It is no doubt a rebuttable presumption and it is open to the
husband and his relatives to show the absence of the elements of
Section 304B. [Paras 33, 34] [688-B-H]
1.2 The testimony of PW-1-sister of the deceased was to
the effect that the deceased was influenced by spirit (devta) and
the religious ceremony/prayers were held. The deceased became
normal after doing it. Still further, there was evidence that
whatever madness the deceased used to do, it was taken care of
by her in-law's house. PW4-father of the deceased completely
contradicted himself, when in cross-examination, he stated that
5-6 days after marriage, when the first accused and the deceased
came, he was on duty. PW2/wife of PW4, deposed that her husband
was working in Bombay. Earlier in cross-examination, PW4
deposed that when he was going back after 5-6 days of marriage,
the first accused came to take the deceased and then the first
accused said that television and VCR was not given. PW4 further
stated that on this, the first accused said that deceased was having
flat nose. Thereafter, he stated that he went back to Bombay on
his duty. This aspect was not considered at all by the High Court.
This contradiction in evidence goes to the root of the matter.
This proved that the prosecution case sought to be proved
through PW4, was unacceptable. PW2 (wife of PW4) stated that
the deceased was an illiterate. She did not know how to read and
write. On the other hand, PW4 deposed that the deceased could
read and write letters. [Paras 36, 37, 38 and 39] [689-C, E-H;
690-A]
1.3 The two letters written by the deceased were not
produced by the prosecution. The reason for non-production was
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that they were misplaced during shifting of the house. Even,
accepting that those letters were misplaced, the question whether
they contained allegation of harassment due to dowry, should have
been resolved with reference to the letters admittedly sent by
PW4 to the deceased within a few days of the receipt of the letters.
Even, in the letter written by PW4 to his son, there is no mention
about any harassment or cruelty on account of dowry demand.
He only says to ask the deceased not to worry and not to send
her even if anybody comes to call her. The High Court, however,
still took the view that dowry related harassment was mentioned
in letters sent by the deceased which are not even produced.
This approach, particularly, in an appeal against acquittal is clearly
unacceptable and cannot be approved. PW2-mother of the
deceased, gave her statement that deceased never complained
about accused regarding harassment or beatings or fact of giving
less dowry. [Paras 42, 43, 46] [690-E-H; 691-A-B, E]
2. In an appeal from acquittal, the High Court has exceeded
its jurisdiction in the appreciation of evidence as well as its
approach to how the reliability of the witness is to be evaluated.
A right of appeal is the creature of statute. Unless appellate power
is expressly limited by additional conditionalities, the Appellate
Court has power or rather is duty bound in the case of an appeal
by the accused to reappraise the evidence. Even in an appeal
against acquittal, the appellate court has power of reappraisal of
evidence though subject to the limitation that interference would
be in a case where the Trial Court's verdict is against the weight
of evidence which is the same thing as a perverse verdict. In this
case, the High Court referred to the contents of the chief
examination of the witnesses. Thereafter, it was stated that the
witnesses were cross-examined at length but nothing came out
in evidence which created any doubt in his evidence. The
witnesses were declared as being found reliable and believable.
[Paras 47, 48 and 49] [691-F-H; 692-A-B]
3. Truth in a criminal trial is discovered by not merely going
through the cross-examination of the witnesses. There must be
an analysis of the chief examination of the witnesses in conjunction
with the cross examination and the re-examination, if any. The
GIRISH SINGH v. THE STATE OF UTTARAKHAND
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effect of what other witnesses have deposed must also enter into
consideration of the matter. On the one hand, the laudable object
underlying Section 304B of the IPC is not to be lost sight of. On
the other hand, the Appellate Court must not be oblivious to the
fact that it is duty bound to find whether an offence is committed
or not and such a pursuit also would embrace the duty of the
court to apply its mind to the evidence as a whole and arrive at
conclusions as to facts and inferences therefrom as well. After
all, at stake for the accused are, priceless rights to liberty,
reputation and the right to life, not only of himself but also his
family members. The Law Giver, has contemplated that the High
Court will be the final arbiter of facts and even of law. The
jurisdiction of the Apex Court was deliberately limited to the extra
ordinary powers it enjoys under Article 136 of the Constitution
of India unless it be exercised under other provisions. The cause
of justice and the interest of litigants would be better subserved
if the Appellate Court takes a closer look, in particular of the
cross-examination of the witnesses and analyse the same.
[Para 50] [692-C-F]
4. It is true that the deceased died within seven years of
marriage. Her death was due to burning and she committed
suicide. It is not a case where the accused stood charged under
any provision except Section 304B read with Section 34 of the
IPC and Section 306 read with Section 34 of the IPC. The case of
abetting suicide under Section 306 read with Section 34 of the
IPC was found unacceptable both by the Trial court and the High
Court and the appellants stood acquitted. The High Court was
in clear error in taking into consideration the evidence relating
to harassment by the second accused on the basis that he, in the
state of intoxication, asked her to sleep with him, and on that
basis, she was subjected to mental cruelty. The said evidence is
totally irrelevant and foreign to the scope of a trial for the offence
under Section 304B of the IPC. It does not relate, at all, to the
demand for dowry. [Paras 51-53] [692-G-H; 693-A, D]
Upendra Pradhan v. State of Orissa (2015) 11 SCC
124 : [2015] 5 SCR 214 ; Dilawar Singh and others v.
State of Haryana (2015) 1 SCC 737 : [2014] 7 SCR
844 ; Gamini Bala Koteswara Rao and others v. State
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of Andhra Pradesh Through Secretary AIR 2010 SC
589 : [2009] 14 SCR 1 ; K. Prakashan v. P.K.
Surenderan (2008) 1 SCC 258 : [2007] 10 SCR 1010
- relied on.
Case Law Reference
[2015] 5 SCR 214
relied on
Para 28
[2014] 7 SCR 844
relied on
Para 29
[2009] 14 SCR 1
relied on
Para 30
[2007] 10 SCR 1010
relied on
Para 30
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1475 of 2009.
From the Judgment and Order dated 12.11.2008 of the High Court
of Uttarakhand at Nainital in Criminal Appeal No. 1254 of 2001 (Old
No. 1988 of 1993).
With
Criminal Appeal No. 1476 of 2009.
Sanjay Jain, Sudarshan Singh Rawat, Advs. for the Appellant.
Jatinder Kumar Bhatia, Krishnan Mishra, Advs. for the
Respondent.
The Judgment of the Court was delivered by
K. M. JOSEPH, J.
1. The appellant in Criminal Appeal No. 1475 of 2009 is the first
accused and the appellant in Criminal Appeal No. 1476 of 2009 is the
second accused. They were charged under Sections 306 read with
Section 34 and Section 304B read with Section 34 of the Indian Penal
Code, 1860 (hereinafter referred to as 'the IPC' for short). The first
accused is the son of the second accused.
2. It Is the case of the prosecution in brief that the first accused
used to treat his wife with cruelty on account of dowry demand. The
same allegation was made against his father-second accused. It is also
alleged that his father wanted to fulfil his lust with his daughter-in-law.
She did not agree. The accused tortured her and gave her beating. The
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daughter-in-law committed suicide by burning herself on 05.06.1991.
After complying with the formalities, the charge-sheet was filed against
the accused. Prosecution examined nine witnesses and produced 17
documents. The Trial Court came to the conclusion that the prosecution
failed to prove the case against both the accused. They were accordingly
acquitted. Reliance is in particular placed on certain letters.
3. The appeal carried against their acquittal by the State was
allowed by the High Court by the impugned order. The appellants were
convicted under Section 304B read with Section 34 of the IPC. It was,
however, found that offence under Section 306 read with Section 34 of
the IPC was not made out against the appellants. The appellants were
sentenced to seven years rigorous imprisonment.
4. We have heard learned counsel for the appellants and learned
counsel for the State.
5. Learned counsel for the appellants would submit that no case
is made out under Section 304B read with Section 34 of the IPC. He
would submit that the High Court has reversed the verdict of acquittal
and convicted the appellants ignoring the fact that the prosecution
witnesses were unreliable. Prosecution witnesses, it is complained, have
improved their version while they gave evidence in the witness box.
Contradictions emerging from their previous statements under Section
161 of the Code of Criminal Procedure, 1973 (hereinafter referred to as
'the Cr.PC' for short), demonstrated that their testimony in court, which
is relied upon by the High Court, could not be the basis for reversal of
acquittal. Reliance is placed on certain letters as well.
6. We have also heard the learned counsel for the State who
supported the judgment by pointing out that there was evidence to justify
the conviction.
7. Before we consider the evidence, it is apposite that we set out
the following findings rendered by the High Court:
"22. ... Just before her death and after 5-6 months of her
marriage, respondents-accused Girish Singh and Jodh Singh
harassed the deceased Ishwari Devi for getting T.V. and V.C.R.
in dowry and by non-fulfilling the demand of dowry, they were
continuously beating her. Respondent - Jodh Singh also harassed
her by saying her to provide him liquor in the glass and after taking
liquor in the state of intoxication, he was asking her to sleep with
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him. On her refusal, she was subjected to mental cruelty. P.W. 4
Ganesh Singh has specifically stated that after coming back from
Mumbai, he came to know that respondent-accused Jodh Singh
after taking the liquor was trying to commit rape with Ishwari and
also used to harass her for T.V. and V.C.R., due to which his
daughter Parvati Devi, P.W. 2 Smt. Laxmi Devi, P.W. 3 Smt.
Anandi Devi, P.W. 4 Ganesh Singh, and P.W. 5 Yasodh Singh, it is
proved beyond reasonable doubt by the prosecution that Ishwari
Devi was harassed for the demand of T.V. and V.C.R. in dowry
by the respondents after 5-6 months of marriage and they were
continuously making demand of dowry just before her death ....
Therefore, in view of the aforesaid discussion, it is proved that
deceased Ishwari Devi died an unnatural death within 1 1⁄2 years
of her marriage in the house of respondents where she was residing
along with her husband- Girish Singh and father in law Jodh Singh.
Deceased Ishwari Devi has died due to the burn injuries and her
body was found to be 100% burnt by the Medical Officer P.W. 9
Dr. P.K. Karnatak. As such, it has been proved by the prosecution
beyond reasonable doubt that the deceased was subjected to mental
cruelty by the respondents for the demand of T.V. and V.C.R. in
dowry and due to non-fulfilment of this demand and due to the
harassment and Marpit by the respondents, Ishwari Devi
committed suicide by burning herself in the house of her husband.
Hence, in view of the above-said facts and circumstances of the
case, offence punishable u/s 304-B/34 of IPC is fully made out
against the respondents beyond reasonable doubt and learned
Sessions Judge has erred in law by acquitting the respondents' u/
s 304-B r/w Section 34 IPC."
8. Thereafter, the High Court proceeds to hold that the Sessions
Judge erred in holding that the oral evidence is not supported by the
documentary evidence. After referring to Section 113B of The Evidence
Act, 1872, it is found that a presumption is to be drawn under the said
provision that dowry death has been caused. The finding by the Trial
Court that the cruelty to his wife by the first accused is not proved, was
found to be incorrect. Still further, it is found that the Trial Court erred in
finding that the deceased ran away to her father's house where she
committed suicide. The deceased committed suicide in the house of the
appellants. In regard to the letters produced by the appellants to show
that there was no cruelty, it is found that the actual letters, which show
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the cruelty, written by the deceased could not be produced due to the
reason that as submitted by PW4 as they were misplaced due to the
shifting of the house. The contradictions in the statements made by the
prosecution witnesses also did not appeal to the High Court. It was
found that the deposition given by the prosecution witnesses was reliable
and trustworthy.
9. Now, the time is ripe for us to consider what prosecution
witnesses have deposed. PW1 is the sister of the deceased. She is shown
as 14 years old on the date of deposition. She states that whenever the
deceased sister used to come to her house, she used to tell her that
father-in-law of the deceased and her husband complained about bringing
no dowry and used to say that colour television was not given. Fatherin-law would consume liquor and ask her to stand in front of her and
sleep with him. When sister did not act like that, he used to beat her up.
The mother of the witness used to pacify her and sent her to her
matrimonial home. She had gone 7-8 times to see her sister to the
matrimonial home. They used to ask her sister how she has come without
dowry. In the cross-examination she would, inter alia, state as follows:
The witness went to leave her sister last time to her matrimonial
house about three months back. Her grandmother was also with
her. No report was given anywhere regarding beating to
grandmother by the accused. It is further stated that her sister
was influenced by devta (religious spirit). Then her matrimonial
home conducted religious ceremony for her. Her sister became
normal after conducting it. Whatever madness her sister used to
do; it was taken care of by her in-laws house. Only prayers were
offered.
First accused did not have a good opinion about her sister. Her
sister held him good but he did not respond. Sister used to tell
about aforesaid facts of consuming liquor to stand in front of him
and to sleep with him. Yashodh Singh is her uncle. These facts
were not told to her uncle by them. She was examined by Kanungo
(Officer). In regard to her statement under Section 161 of the
Cr.PC that deceased was alright till 5-6 months after her marriage
in the matrimonial home, she denied making that statement. She
denies making the statement that the deceased used to run away
to their house. She says she has stated to Kanungo that the second
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accused used to beat her sister. She states that if the Officer has
not written it, she cannot give the reason. About the sister weeping
while complaining and such statement not being found, the witness
says that she has told the Kanungo. The witness stated that she
cannot say the reason why it is not written. Again, statement that
her mother used to send back the deceased after pacifying her, it
is stated that regarding the omission, it is her version that it was
stated to Kanungo.
(Emphasis supplied)
10. PW-2 is the mother of the deceased. She states, inter alia,
that the appellants used to tell the deceased that television and VCR
were not given in dowry. The accused appellant used to say to the
deceased that she is chipri (flattened nose) and not of their choice.
They used to threaten her that they will burn her by pouring kerosene oil
if she did not bring television and VCR. These facts were disclosed to
her by the deceased. The second accused, in the presence of the witness,
said that if television and VCR were not brought, she would be finished
even before coming of her father to house.
11. Her daughter had told her that in the absence of the first
accused, the second accused would ask her to serve liquor and to sleep
with him after being drunk. When she refused, he used to beat her up
and show her khukri (knife). Accused had seen the deceased before
marriage. Thereafter, marriage was solemnized. They had not promised
to give television and VCR. In the cross-examination, she would, inter
alia, state that:
Her daughter lived happily for 5-6 months of marriage.
Thereafter, disturbances started. About one year disturbances
remained. For about 5-6 months, deceased did not make complaint
of her in-laws. The first accused used to roam in search of job.
When deceased came to their house before her death, she was
talked badly and was beaten up. Her statement was taken three
times. She is an illiterate. She had told all the facts to Patwari in
a statement. She cannot state the reason if the fact of television
and VCR is not being written. She further says that deceased
used to run away to their house after 5-6 months and they used to
ask her not to run away. Her daughter loved her husband but he
did not love her. She was confronted with the statement recorded
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[K. M. JOSEPH, J.]
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by Patwari (Patwari performs the function of Police in certain
parts of State of Uttarakhand) that she had never stated about
harassment or beatings or bringing less dowry by her husband.
She denied having made the statement. She is unable to tell the
reason how the statement is written. She is again confronted with
the statement that she had no suspicion about abetment or killing
or about any harassment by her husband. She would say that the
statement has been wrongly written by the Patwari/Kanungo.
Her husband has never come during vacations after marriage of
the deceased before her death. He has visited twice after her
death. She says deceased has written about her grief in one year
of her marriage to her father. She deposed that the deceased was
an illiterate and she did not know how to read or write. Deceased
had come a week before her death to their house. She had informed
Yasodh Singh about the grief of the deceased and all the facts on
getting an information about the death. She has stated about the
deceased being called chipri and not being liked and about not
bringing television and VCR to the Kanungo. She says, if he has
not written, she has no reason to offer. Even the statement that
second accused had stated in her presence that if the deceased
did not bring television and VCR, then, she and her parents would
be killed, was found missing in the statement and she has no reason
for the same. She claims to have made the statement. Showing
of khukri by the second accused is found missing for which she
had no reason except saying that she has no reason for the same
not being written. No doubt she claims to have stated no. She
would say about the second accused consuming liquor and asking
the deceased to sleep with him, she was told this by the deceased
and PW1 has not told these facts to her (be it noted that PW1 has
categorically stated that she has told these things to her mother,
viz., PW2). Suggestion is made that the deceased became restless
due to influence of evil spirit which is no doubt denied by the
witness.
(Emphasis supplied)
12. PW-3 is the grandmother of the deceased. She repeated what
is stated by PWs 1 and 2, namely, that accused after marriage, asked
the deceased to bring television and she would say that they told her that
she was chipri. They used to beat her up when she was sent back and
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when she came home, she used to pacify her and sent back to her
matrimonial home. Once when she went to leave the deceased, then,
the second accused beat her 2-3 times on the chest of the granddaughter.
Deceased used to tell her mother and sister that the second accused
consumed liquor, asked her to serve liquor and thereafter to sleep with
her. She would be beaten up when she refused to sleep. She was asked
to bring television. In the cross-examination, it is stated that deceased
was chipri since beginning. In-laws of the deceased had good behaviour
with her till two months. The deceased lived properly till six months. She
used to do all household works and she used to run away from matrimonial
home after 6-7 months. Her daughter-in-law/PW2 did not go to the house
of the second accused for patch up. Deceased had told the fact of demand
of television 6-7 months before her death to her mother. In regard to
there being no statement by her to the Patwari that second accused
used to beat the deceased, she would say that she had told him. She
says that the deceased has not told her that her father-in-law, with an
intent to rape her, used to scold her. She had given statement to the
Patwari that the deceased used to tell her mother about the father-inlaw scolding her with an intent to rape her. Regarding the omission about
the statement that in her presence, the second accused used to beat the
deceased badly and that he was inclined to beat her up, she is unable to
tell the reason. Upon her statement that the second accused beat the
deceased three times on her chest and was inclined to beat her also, not
being found on the statement, she is unable to give any reason. But
according to her, she had told the Patwari this.
13. PW-4 is the father of the deceased. He would state, inter
alia, that the first accused had asked to give television and VCR in
marriage but he told that he could give only to the extent of his ability.
Marriage was solemnized in his presence when he came during his yearly
vacations. After 5-6 days of marriage, when he was going back and the
first accused came to take the deceased, then, he told him about television
and VCR not being given. After five months of normal behaviour, accused
started misbehaving. His daughter could read and write a little and she
had written about the television and VCR, bad language and abuse, in
those letters (PW-2-mother of the deceased, on the other hand, be it
noted, stated that the deceased was illiterate and could not read and
write). On receiving information about the murder of his daughter, he
was told about the complete incident by his family members. On this, he
came to know about the second accused being drunk, trying to rape the
GIRISH SINGH v. THE STATE OF UTTARAKHAND
[K. M. JOSEPH, J.]
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deceased and harassing for television and VCR and for that reason, his
daughter committed suicide. Regarding letters written by his daughter,
they were lost during shifting of house. Prior to the marriage of his
daughter, the first accused has not seen the deceased. He has also not
seen the first accused/his son-in-law before marriage. The first accused
came on the second day after the barat returned (marriage gathering).
He came in the evening and returned next day morning. The first accused
and the deceased came after 5-6 days after marriage. When they came
after 5-6 days after marriage, he was on duty (in chief examination, it
may be remembered that the witness says that when he was going back
after 5-6 days of marriage, the first accused came to take his daughter
and then the first accused had complained that the television and VCR
had not being given and the he stated that he had given according to his
ability and if everything goes fine, it will also be done). He admits to
have received only letter K3 from second accused. He states that there
is no mention of harassment for dowry but they used bad language and
harassment. He admits to have written and signing two letters marked
as Kha1 and Kha2 and is unable to explain why any fact of dowry
harassment has not been written in these letters. He admits that these
letters were written in response to letters by deceased. Confronted with
the omission to mention about the demand for VCR, the coming of the
son-in-law after 5-6 days after marriage and demand of dowry, he is
unable to state the reason why they are not written. According to him,
he has told the Kanungo.
14. PW-5 is relative of the deceased. He says that deceased would
tell all the facts to her mother about the harassment regarding television
and VCR in dowry. He was also told; he says. He has deposed on
similar terms in regard to the second accused asking the deceased to
sleep with her after being drunk and allegation regarding chipri (flat
nose). He, however, in cross examination says that he had told the Officer
about less dowry being given and about the demand of television and
VCR. He says further that if it is not written, he cannot tell the reason.
Similar is the position with regard to harassment by the first accused.
15. PW-6 is Patwari. He has referred to the various steps taken
by him in the investigation. He states in cross-examination that no
complaint was received by him from the side of the family of the deceased.
16. PW-7 is Kanungo. He states that he took the statements of
the witnesses PWs 1, 2 and 5. Between 05.06.1991 to 08.06.1991 nobody
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from the side had come and told him about the facts of harassment of
deceased, demand of dowry and attempt to commit rape by the second
accused. No evidence was given against the first accused before
19.06.1991. he says as follows:
"11. I have taken the statement of Km. Parvati and she had
stated that "My sister was ................ hold good" she had also
given the statement that "she use to ran away to our house" I
produce all the three aforesaid true copy of statements in my
handwriting and signatures. These have been marked as Exh.
Kha- 3 to 5.
12. Witness Laxmi had given the statement that "He
never............. Said anything" She had also stated that "I have
suspicion ....... regarding him", Both these marked true copy of
these statements are in my handwriting and signatures. I submit
the same. These are been marked as Kha-6 and Kha-7.
13. Witness Anadi had stated to me, "I also went .......... not
gone". The true copy of the statement is being submitted, which
is in my handwriting and signatures. This has been marked as
Exh. Kha-8."
17. The statement which was got marked in regard to PW1 reads
as follows:
"Deceased had never complained about her husband/first
accused and she was happy always with him and the first accused
also held her good."
18. In regard to the statement proved in regard to Laxmi-PW2/
mother of the deceased, the actual statement is
"she (apparently the deceased) had never complained about
him regarding harassment or beating or any fact about giving less
dowry."
(Emphasis supplied)
19. The further statement which is proved through PW7-Kanungo
and attributed to PW2, reads as follows:
"I have no suspicion about the killing or getting killed the
deceased or any harassment by him."
(Emphasis supplied)
GIRISH SINGH v. THE STATE OF UTTARAKHAND
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20. PW-5, the uncle of the deceased is proved to have made the
statement
"The husband of the deceased/Girish Singh is at his residence
since one month and I have no knowledge about any harassment
of deceased."
21. Now, much reliance is placed by the learned counsel for the
appellants on two letters which have been sent by none other than PW2father of the deceased. These letters were sent admittedly by the father
of the deceased to her as they were put to him in his examination and he
admits the same. They read as follows:
Letter dated 29.02.1991
"Dated: 29.02.1991
Om Ganeshay Namah:
Jai Bhagwati Mata
Dear daughter, accept my hugs and blessings and love to both
the son in laws and regards to Samadhi ji and love to all others at
home. I am fine by grace of God and prays to supreme being for
the same for your family. You may live happy always, then I may
also felt the same. The reason for writing letter today is that how
is the crop this year and if it is sown or not and what other
professional things are going on? I received your letter and came
to know about the well being and felt happy for the same. Do
communicate in the same manner by writing letters. Blessings
from younger brother Trilok and love from Ganesh. Pay my regards
to elders and love to children. And daughter, you concentrate on
your work and also pray daily to God. You will go during Holi. I
am sending Rs. 100/- for you. I will bring something for you in
box during vacations. Ask your mother to take medicines. I have
sent money and to have treatment properly by going to Chamvat
and do not do any heavy work and ask children to concentrate on
studies and hygiene. I will come in vacations during May-June by
God's grace. Inform complete news in letters and reply as soon
as you receive this letter.
Yours father
Sd/- (illegible)"
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Letter dated 20.03.1991
"Dated: 20.03.1991
Om Ganeshay Namah:
Jai Bhagwati Mata
Dear daughter, say my love to son in law and blessings to him.
Love to younger son in law and regards to friend Samdhi ji. Also
say my regards in neighbourhood accordingly and also love to
children. I am fine here by grace of God and also prays to God for
your happiness. Also say regards and blessing from Trilok and
Ganesh.
I received your letter for well being. I came to know about the
same after reading your letter. My heart felt very happy and hope
that in future also you would be writing letters. How the agriculture
is going on. Dear daughter, take care of your mother and also
keep going there and also ask her to take some medicines. Ask
son in law to pass his X class. It is hard time and he has to be self
dependent. It is the duty of every person to do progress and you
are wiser enough. Ask him to be more responsible. I am finishing
off this letter and forgive for any mistake.
Reply soon.
Yours father
Sd/-"
Address: G.S. Bisht
State Bank of Hyderabad
S.V. Road, Andheri West
Bombay"
22. There is further documentary evidence, namely, letter dated
02.05.1991, sent by the second accused to PW4-father of the deceased.
It reads as follows:
"(Inland Letter)
To,
Sh. Ganesh Singh Bisht
State Bank of Hyderabad
S.V. Road, Andheri West
Bombay.
GIRISH SINGH v. THE STATE OF UTTARAKHAND
[K. M. JOSEPH, J.]
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02.05.1991(overwrited)
Dear friend Samdhi ji, accept regards on behalf of your Samdhi
Jodh Singh Mehta. Regards to younger Samdhi also and hello to
all other friends.
I am fine here with the small child and hope the same for you.
The main reason to write the letter is because the daughter-inlaw (Bahu) had ran away to her mother's house on 02.04.1991
and had not returned even when I went to take her. Since I being
father in law and like her father is duty bound to frighten her to
keep away from all bad deeds. But she wants to be an independent
kinds therefore I am writing this letter to you for the first and the
last time. I have not written any letter in good times, therefore,
writing now. If you would have been in my place, you would
have felt bad only what I have been hearing of her. I am an army
man and have habit to command and control but the fact is not
like this. If I say anything once to her, she reciprocates four
times. The son is not at home. What can I say? I have sold the
buffaloes and had given up the agricultural land. Nobody listens
to me but alright. You write a letter to your daughter from there
only. Nothing is spoiled yet. If she wants to come, it is her house.
I have nothing remain. She may live, cook and so, the way she
wants. I will remain a spectator and not say anything. What else
can I write?
You are also having all females in your house. Few things can be
said there only. I cannot write all things in the letter. Please forgive
me forever from today. We have not done good by marrying our
children. We have done bad only. Forgive me and do reply this
last letter of mine. I will be waiting for it.
Yours Samdhi
(illegible)
Jodh Singh Mehta
Friend, I have written this letter one month before but did not
send it because I thought if good sense prevails, it would be better.
But she wants to live separately. Wish to bring grocery from her
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mother's place. We have been disgraced from all sides. I am in
your hands. The letter you find here was written on 05.04.1991.
Yours
Jodh Singh (Sd/-)"
23. The last letter is dated 28.05.1991. This is sent by PW4-father
of the deceased in envelope addressed to his son-Kishore Kumar and it
reads as follows:
Dated: 28.05.1991
My regards with folded hands to respected mother and convey
my hugs, love and blessings to children. Also convey regards to
elders and love and blessings to children on behalf of younger
brother Ganesh. Blessings to dear daughter Ishwari.
By the Grace of God, we are fine here and pray to God for you
and family regarding the well being of everybody so that all of
you may live peacefully and happily and then I may also feel
happy. How was rain this year? How was wheat crop this year?
I received your letter of well being and came to know about the
state of affairs. Grandson is getting employment. I felt happy to
pray to God that our family shall live happily. You cooperate with
the grandson in his work and get prayers done on behalf of me. I
am sending Rupees one thousand. I will come in month of July
during vacations and for the reason that I may be present at home
during autumn season. I would be coming late for vacations. Ask
Ishwari not to worry and don't send her, even if anybody comes
to call her. Send the address of Jamai ji (son-in-law) to meet me.
Had examinations of children held? Ask them to concentrate on
studies. Give news of home and village. How is the health of
mother of Ishwari? When the buffalo is going to deliver the calf?
Convey my regards to elder brother and love to children. Brother,
you fulfil all religious obligations (Devta Pujan) with respect and
pride. Do write the complete news of the family in the letter.