Supreme Court Asks Black Car Commando To Surrender In Dowry Death Case
The Supreme Court on Tuesday declined to grant exemption from surrender to a man convicted over 20 years ago under Section 304B of the IPC (dowry death) for killing his wife, rejecting his plea that he had served in Operation Sindoor and worked as a black cat commando for the last 20 years.
A bench of Justice Ujjal Bhuyan and Justice Vinod Chandran was hearing a special leave petition filed against a Punjab and Haryana High Court order that had dismissed the convict’s appeal and upheld the sentence of rigorous imprisonment of 10 years. The petitioner had also filed an application seeking exemption from surrendering till the pendency of the proceedings before the Supreme Court.
When the bench expressed disinclination from granting exemption, the petitioner’s counsel said stating, “I can only leave with one line, I am a participant of Operation Sindoor. For the past 20 years I am a black cat commando posted my lord in Rashtriya Rifles.”
However, the bench was not moved by this plea, with Justice Bhuyan responding, “That doesn’t give you immunity from committing atrocity at home. This goes to show how physically fit you are, and the manner in which alone you could have killed your wife, strangulated your wife.”
Justice Bhuyan highlighted that the petitioner is convicted for a serious offence, “This is not a case for exemption. It’s a gruesome manner, the manner in which you strangulated your wife. Exemption is for when the sentence is of 6 months, 3 months, 1 year.”
Justice Vinod Chandran highlighted that the High Court dismissed the petitioner’s appeal against conviction observed, “The High Court has dismissed your appeal. You are here on special leave.”
The counsel argued that the only allegation was a demand of a motorcycle and that this was based on statements of two witnesses who were closely related to the deceased. “I can demonstrate, they are highly discrepant,” he submitted.
Justice Bhuyan remarked, “We can issue notice on the SLP but don’t ask us for exemption.”
The Court passed the following order: “We decline the prayer for exemption from surrendering. Issue notice on the SLP returnable in 6 weeks.”
On a request for time to surrender, the bench granted two weeks.
Background
In July 2004, a trial court in Amritsar convicted petitioner Baljinder Singh under Section 304-B IPC for the death of his wife within two years of marriage. According to the prosecution, the deceased was subjected to harassment and cruelty in her matrimonial home for dowry.
Eyewitnesses, including her brother and his wife, stated that when they entered her matrimonial home around 9:00 AM on July 18, 2002, they saw her husband (petitioner) and father-in-law strangulating her using a head wear (chunni), while her mother-in-law and sisters-in-law held her arms and legs.
They alleged that all the accused fled when they raised an alarm, and she died on the spot. The trial court acquitted four co-accused family members but held the petitioner guilty.
On appeal against conviction, the High Court suspended his sentence after he had undergone more than three years of imprisonment. This allowed him to remain out of jail while his appeal was pending.
Ultimately, about 20 years later, the High Court dismissed his appeal in May 2025, upholding the conviction and sentence of ten years’ rigorous imprisonment, while setting aside the fine imposed.
“Present case relates to maltreatment of a victim in matrimonial home on account of demand of dowry, resulting into her death by strangulation within two years of marriage. Therefore, conviction pertains to a heinous crime which is against the individual dignity and social consciousness“, the High Court observed.
Thus, the petitioner approached Supreme Court.
Case no. – Diary No. 33782 / 2025
Case Title – Baljinder Singh v. State of Punjab
