A city court on Saturday sentenced an 80-year-old woman along with her son in a five-year old dowry harassment case, to life imprisonment for the murder of her daughter-inlaw. The court also imposed a fine of Rs 4,000 each.
Additional sessions judge D K Sharma, in the order while mentioning that it was difficult to sentence an 80-year-old woman, however held that it was an offence of a serious nature. ‘‘A young lady lost her life to the greed and lust of the accused,’’ the court added. What helped the court to nail the accused was the dying declaration of the deceased, Bharati Devi.
In the matter, the prosecution had submitted that, the 80-year-old woman Kausalya Devi and her son, Ashok Kumar had been harassing Bharti, wife of Ashok, to accede to their demands of dowry. Ashok had married Bharti in November 2000 and they had a daughter around a year later.
According to the prosecution, Bharti was sent back to her paternal home on April 20, 2002 with a demand of Rs 2 lakh by the convicts. She had however, returned around a week later without the dowry.
On April 28, 2002, the day of the incident, the prosecution said that Bharti’s mother-in-law, Kaushalya Devi and husband Ashok set her on fire, which later resulted in Bharti’s death.
In the declaration made before a sub-divisional magistrate on April 29, 2002, Bharti had said that her motherin-law had poured kerosene over her while, Ashok had set her afire.
The statement before the SDM by the deceased was depended heavily by the court, while convicting the mother and son duo in the case.
Bharti had died on May 5, 2002 around a week after the incident. A case was registered at the Timarpur police station here, under Indian Penal Code for murder and subjecting a woman to cruelty by husband or relatives of husband.
Based on the statement made by the father of the deceased, three sisters-in-law and a brother-in-law of Bharti were also made accused in the case. However, the court acquitted them due to lack of evidence.
Section 304-B of Indian Penal Code 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 cause her death.
Explanation-For the pupose of this sub-section , “dowry”,shall have the same meaning as in section 2 of the Dowry Prohibition Act, 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.
Section 304-B of Indian Penal Code 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 cause her death.
Explanation-For the pupose of this sub-section , “dowry”,shall have the same meaning as in section 2 of the Dowry Prohibition Act, 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.
This section was inserted in the Penal Code by an amendment in 1986. Sub section (1) of this section defines dowry death.
- Death must be caused by burns or bodily injury or it must occur otherwise than in normal circumstances.
- Death must occur within seven years of marriage;and
- It must be shown that soon before her death the woman was subjected to cruelty or harassment by her husband or any relative of her husband.
- Such cruelty or harassment must be for or in connection with any demand for dowry.
- Here the dowry shall have the meaning as assigned to it under Section 2 of the Dowry Prohibition Act, 1961.
The Times of India 30 March 2008 Delhi P. 7
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
- Death must be caused by burns or bodily injury or it must occur otherwise than in normal circumstances.
- Death must occur within seven years of marriage;and
- It must be shown that soon before her death the woman was subjected to cruelty or harassment by her husband or any relative of her husband.
- Such cruelty or harassment must be for or in connection with any demand for dowry.
- Here the dowry shall have the meaning as assigned to it under Section 2 of the Dowry Prohibition Act, 1961.
The Times of India 30 March 2008 Delhi P. 7
With thanks from The Time of India
©All rights reserved with the Bennett Coleman & Co. Ltd
For any query:- legalpoint@aol.in
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