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.
READ ORDER | Alleged Suicide, Dowry Death Of Woman Was Faked To Wreak Vengeance Against Husband, In-Laws: Delhi High Court Denies Anticipatory Bail To Wife’s Family
Case:
The couple got married in August 2007. However, the wife was found dead in April 2008 at her matrimonial home.
The husband is a graduate in Arts and works in 3D Colour Laboratory, Guntur as a Printing Operator, while his deceased wife was an educated lady and worked as a Computer Operator for two years in Apex Solutions. During the woman’s death on 27.04.2008, she was seven months pregnant.
The woman’s father had died few years before her marriage, and she and her other siblings were being taken care of by one of her brothers.
Submission by Husband
According to the husband and his family, he shared a happy marital life, however, his wife suffered with sickness. The husband informed the court that his wife for the last three years, preceding her death, had been suffering from rheumatism. Various medical prescriptions of several doctors and diagnostic reports of the laboratory starting from 02.11.2007 till 23.04.2008 were handed over to the court.
Allegations by Deceased Wife’s Family
According to the deceased wife’s family, her mother-in-law taunted her for not doing household work properly.
In Feb 2008, which was just 2 months before wife’s death, the marriage of her younger sister was solemnised, however, her family now alleged that her in-laws were not very happy since they believed that the marriage of the sister was organised in a grand manner than that of their daughter-in-law.
The deceased’s family also alleged dowry demand of Rs 50,000 by the husband as he wanted to pursue a computer course in Bengaluru.
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Trial Court
The learned Additional Sessions Judge held that the unrelenting demand for dowry of Rs 50,000 led to the death of the woman and therefore, found these appellants guilty and convicted them accordingly in 2009.
Subsequently, the husband and his mother approached the High Court.
Andhra Pradesh High Court
A bench comprising Justice Dr VRK Krupa Sagar was hearing the matter against the conviction under Section 304-B IPC (Dowry Death) which has a sentence of rigorous imprisonment for ten years.
The judge weighed all aspects of the case. With regards to charges of cruelty for household work, the High Court held:
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.
READ ORDER | “Some Sort Of Matrimonial Discord” Cannot Hold Husband, In-Laws Guilty Of Dowry Death: Supreme Court
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).
READ ORDER | Chhattisgarh High Court Acquits Husband In Alleged Dowry Death Case After 23-Years
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.
Section 304B IPC | Supreme Court Issues New Guidelines For Trial In Dowry Death Cases
Subsequently, the bench allowed the appeal and the conviction was set aside.
While it is an extremely painful situation for all the loved ones of the deceased, this judgment also leaves us with a question whether husband and in-laws are always responsible for the death of a woman in her matrimonial home.
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READ JUDGMENT | Husband & His Mother Acquitted In Dowry Death Case By Andhra Pradesh HC
— Voice For Men India (@voiceformenind) March 28, 2023
▪️Wife found dead within 8-months of marriage, was pregnant
▪️Her family filed dowry death case
▪️Husband argued she was suffering from rheumatis#VoiceForMen https://t.co/kLL5QalOPu
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