A Trial Court from Uttar Pradesh in its order dated August 28, 2023 granted bail to a man accused for dowry death of his late wife. This was a short lived marriage, where the wife died by suicide and subsequently her family implicated the husband and in-laws in dowry harassment and dowry death case.
Citing that the allegations made by wife’s family with regards to dowry harassment were vague and omnibus in nature, the trial court granted bail to the husband without commenting on the merits of the case at this stage.
READ JUDGMENT | Husband & His Mother Acquitted In Dowry Death Case By Andhra Pradesh High Court
Case:
Parties got married in July 2021. Unfortunately, the wife died by suicide in her matrimonial home in October 2022.
On the very next day, the wife’s brother registered an FIR under Sections 498A, 304B IPC and Sections 3/4 Dowry Prohibition Act, at Police Station-Talgram, District-Kannauj, against the husband of the deceased and four other members of his family. Subsequently, the husband was arrested.
In December 2022, after completing the investigation, the police filed a chargesheet including names of the husband and his mother. The names of other three family members were exculpated from the chargesheet.
The husband has been in jail since October 2022.
READ ORDER | Chhattisgarh High Court Acquits Husband In Alleged Dowry Death Case After 23-Years
Arguments by Husband
According to Advocate Adarsh Mishra, Advocate Shailendra Singh and Advocate Ashish Chaurasiya, who represented the husband, the deceased wife was a short tempered lady and she has taken the extreme step of committing suicide by hanging herself. The death of the deceased is a suicidal death, which is clearly explicit from the post mortem report of the deceased.
With regards to dowry harassment charges, the counsels for the husband argued that the FIR alleged physical and mental cruelty being repeatedly committed upon the deceased on account of an additional demand of Bollero car. The counsels submitted that the husband’s family already had the same car one year prior to the marriage and thus these allegations were made in the FIR only to give colour. The arguments also rested upon no specific details given as to how, when and what kind of dowry was demanded by the husband and in-laws.
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Defense by Wife’s Family
Contrary to the arguments made by husband’s counsels, Apul Misra, Additional Government Advocate (AGA) for State and the learned counsel representing first informant vehemently opposed the prayer for bail. They submitted that since applicant is the husband of the deceased, a named and charge sheeted accused, therefore, he does not deserve any indulgence by this Court.
The AGA emphasised on the time of suicide, which took place within 1 year and 2 months of the marriage. He also pointed out towards ‘sustained certain ante- mortem injuries on her person’, which remained unexplained up to this stage. The AGA said:
Moreover, the death of the deceased has occurred in her marital home and within 7 years of marriage. As such, the same is a dowry death.
Therefore, by virtue of the provisions contained in Sections 106 and 113 B of the Evidence Act, burden is upon the applicant to explain not only the manner of occurrence but also his innocence.
However, the applicant has miserably failed to discharge the said burden. On the above premise, it is thus contended that no sympathy be shown by this Court in favour of applicant.
READ ORDER | “Some Sort Of Matrimonial Discord” Cannot Hold Husband, In-Laws Guilty Of Dowry Death: Supreme Court
Trial Court, Uttar Pradesh
Judge Vinay analysed all evidences presented before the Court and remarked:
Upon perusal of record, evidence, nature and gravity of offence, accusations made and complicity of accused coupled with the fact that as per the opinion of the Autopsy Surgeon, who had conducted the autopsy of the body of deceased, the death of the deceased is prima-faice a suicidal death as the deceased had committed suicide by hanging herself.
It is true that certain injuries were found on the body of the deceased, but the said injuries are neither grievous nor fatal nor the same can be said to be the cause of death of the deceased.
The allegations made in the FIR qua the demand of Bollero and commission of physical and mental cruelty upon the deceased on account of non fulfilment of demand of additional dowry are vague and bald allegations in as much as, the material particulars qua the same have neither been mentioned in the FIR nor in the statement of the first informant recorded under Section 161 CrPC.
Section 304B IPC | Supreme Court Issues New Guidelines For Trial In Dowry Death Cases
Granting bail to the husband who has been in jail since 10-months, the Trial Court ordered:
In view of above and also the law laid down by the Apex Court in Kahkashan Kausar @ Sonam (Supra), the said allegations are, therefore, liable to be ignored by this Court at this stage, the clean antecedents of applicant, the period of incarceration undergone, the police report in terms of Section 173(2) Cr.P.C. has already been submitted, therefore, the entire evidence sought to be relied upon by the prosecution against applicant now stands synchronized.
However, in spite of above, neither the learned A.G.A. nor the learned counsel for first informant could point out any such circumstance from the record necessitating the custodial arrest of applicant during the pendency of trial, the judgment of the Supreme Court in Sumit Subhashchandra Gangwal (Supra), but without making any comments on the merits of the case, applicant has made out a case for bail.
Deceased Woman’s Father Lodged Dowry Death Charges In Angry Mood; Retracts Statement After 10-Years
Voice For Men India Take:
- Any untimely death, particularly suicide, is one of the most tragic incidents for any family
- In times of grief and rage, it is very natural for families of the deceased to levy all possible charges against the in-laws
- To access whether a particular case of wife’s suicide can be directly attributed to the husband and his family, must be strictly left to the wisdom of court, who is in possession of all factual evidences, and not become an emotional revenge
Section 304B in The Indian Penal Code
1[304B. Dowry death.—
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation.—For the purpose of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.]
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READ ORDER | UP Court Grants Bail To Husband In Dowry Death Case Of Wife Citing "Vague & Bold Allegations"
— Voice For Men India (@voiceformenind) September 11, 2023
▪️July 2021: Marriage
▪️Oct 2022: Wife dies by suicide, Husband arrested next day
▪️Aug 2023: Trial Court grants bail to husband https://t.co/wpTM9J1S7U
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