The Supreme Court today dismissed an appeal by a duo convicted and sentenced to two years of imprisonment for subjecting a woman to cruelty and harassment which forced her to commit suicide in her matrimonial place by drowning herself in a pond. The duo was charged under sections 304-B (Dowry Death) and 498-A (Subjecting a woman to cruelty in matrimonial home), but after trial mainly convicted under 498-A and sentenced to two years rigorous imprisonment with a fine.
The matter come up today before the bench of CJI NV Ramana which opined, Death taken place within three years of marriage. You have harassed her, there is a demand of dowry. What remain in the matter to interfere with?
Justice Hima Kohli said, You are lucky that you got away with two years imprisonment only. The court dismissed the appeal.
The present appeal filed challenging the order of the high court which had noted, initially the deceased was harassed and Mal-treated by the appellants and due to which, she was retained by her parents in maternal home, thereafter, appellant Khema (husband) took the deceased back to matrimonial home, but she was again tortured and harassed by the appellants (Son and Mother) for demand of dowry. Under these circumstances, this court is of the considered opinion that the sentence imposed upon the appellants by the trial court is just and proper and does not call for any interference.
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The allegations against both Khema, and his mother Beenubai, were that they caused mental harassment to the deceased cum wife by repetitively demanding dowry from the parents of deceased -wife as well as from the wife itself, so the deceased -wife committed suicide at her matrimonial home by drowning herself in a pond.
The fact of the case is that both deceased -wife and Khema got their marriage solemnized three years prior to the incident. It was averred that immediately, after the marriage, present appellants as well as co-accused Radho, who is brother-in-law of the deceased started treating the deceased with cruelty and harassing her for demand of dowry. As a result of which, parents of the deceased took back the deceased to their home. Four months before the incident, appellant no. 1 Khema along with same community persons went to the house of father of the deceased and after reconciliation, appellant Khema brought the deceased to her matrimonial home, but despite his assurance, the appellants continued to harass and pressurize the deceased for bringing money from her father.
FIR was lodged under section 304 -B and 498-A IPC against Khema, her mother Beenubai and her brother Radho, and arrested thereafter. Chargesheet was filed alongwith FSL Report. Deceased viscera of thigh bone was sent to FSL.
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Petitioner Khema relied upon the Judgment of apex court in case of Mahavir Singh v. State of M.P. (2016) 10 SCC 220 which states that a contradicted testimony of an interested witness cannot be treated as conclusive evidence.
AT THE STAGE OF TRIAL
The brother of Petitioner Khema from the charges under section 304-B IPC got acquitted.
Contentions of husband Khema before M.P.High Court was that no evidence of marpeet has been shown by the prosecution in trial court. Also statement of the Doctor, it was proven that deceased was not subjected to beating and no injuries were found over her body. The prosecution did not examine the Investigating Officer and seizure witnesses.
There is no eye witness to the incident. All the witnesses are only hearsay witnesses. There is no evidence on record to show that the deceased was even harassed for demand of dowry.
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Asharam, father of deceased submitted that her husband Khema used to demand money, therefore, he had given Rs. 5000/- for first time and Rs. 10,000/- in second time to appellant Khema before one year of the incident, even though appellant Khema used to beat her after consuming liquor.