READ JUDGMENT | Husband & His Mother Acquitted In Dowry Death Case By Andhra Pradesh High Court

Indian men sadly bear the brunt of wrongdoings of some families of the past. Matrimonial laws have been designed in such a way, that irrespective of the facts of the case, husband and his family has to suffer in courts for years, in case the wife dies within 7-years in her matrimonial home. 

In a recent judgment dated March 17, 2023, the Andhra Pradesh High Court has acquitted a husband and his mother in a dowry death case after 15-years of the alleged incident. 

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A married lady being told by her mother-in-law that she required more perfection in doing or attending household work can never be said to be cruelty or harassment.

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Adding further, the Court said,

A praise or a comment with reference to the works that were being done is a common factor in any household. It is no one’s case that she was either abused or physically beaten for her imperfections in doing household works.

Dowry Death Allegations Vs Evidence

The High Court then deliberated whether the appellants could be charged for dowry death in terms of Section 304-B IPC. To this, the court said that mere demand for dowry by itself cannot be considered as cruelty unless failure to comply with the demand is visited with cruelty.

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The bench pointed that the material placed on record fell short to convict the appellants under charges of dowry death. The Judge observed,

If really the deceased woman was subjected to troubles, there was no occasion for her not to tell someone who was immediately available around her house.

The bench highlighted that there was never an incident of any of the accused sending away the deceased from the house nor the deceased rushing away from the matrimonial home and reaching her mother and brother complaining of any trouble to her by the accused. To this the bench remarked,

This is indicative of the fact that it was a normal family life she was leading. Normal family life holds pains and pleasures in its living.

The evidence of her parents does not show that they ever felt to enquire the well being of the deceased through any neighbour of the matrimonial home. That means they had no occasion to feel anything bad or suspicious.

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With regards to the in-laws being unhappy with deceased’s sister’s marriage preparations, the High Court said,

Drawing comparison for marriage celebrations or elders telling the newly married girl about the need for attending household works more efficiently are no way connected to dowry and cruelty with reference to dowry as mentioned in Section 304-B Indian Penal Code (IPC).

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The Judge also elaborated upon how the wife never complained to anyone with regards to alleged harassment while she lived. The High Court said,

During the entire lifetime of deceased she neither complained to anyone about any bodily injury inflicted by any of the accused against her nor any of the prosecution.

Against Trial Court’s conviction, the High Court observed that the doctor who conducted the wife’s autopsy, in his cross-examination stated certain facts and they are extracted here:

It is true if a person suffering from rheumatism or romatied arthritis and if she taking some self prescribed tablets there is likelihood of aggravating the disease.

In general cases the injuries mentioned in post mortem examination report are not such a nature of producing shock or resulting in death but the possibility cannot be ruled out.

It is true the pregnant women may develop reeling sensation and may fall on ground or any hard substance there is possibility of receiving injury and there is a possibility if a person fell on cot in contact with any hard substance will receive the injury mentioned in post mortem examination report.

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Subsequently, the bench allowed the appeal and the conviction was set aside.