Durga Prasad v. State of Madhya Pradesh, (2010) 9 SCC 73. In Kulwant Singh & Ors. In such matters mere delay of two days in lodging the first information report can not be given much importance, particularly when the statements of material witnesses appear reliable. It can therefore be seen that irrespective of the fact whether such person is directly responsible for the death of the deceased or not by virtue of the presumption, he is deemed to have committed the dowry death if there were such cruelty or harassment and that if the unnatural death has occurred within seven years from the date of marriage. DOWRY DEATH RELATED LAWS The IndianPenal Code (I.P.C. The dowry custom reinforces the idea that girls and women are a burden on society and that their value can be reduced to money and material goods. If it is a dowry-related suicide both sections 304B and 306 are applicable. In order to access website you need to accept our cookie policy. alternatively, under Section 304B read with Section 34 and 498A, IPC. PW 1 Surya Bhan has stated that his father has given a buffalo and cash of Rs 2000/ to accused-appellant for purchasing a TV but despite that he continued to harass the deceased. If alleged incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of the woman concerned, it would be of no consequence. She would expect to be a mother someday and then expect to be mother-in-law,grand-mother and so on. In 2016, reported dowry death cases in India amounted to more than 7.1 thousand. 30.6% of total cases of dowry deaths were reported in Uttar Pradesh (2335 cases) alone, followed by Bihar (1154 cases). It began in 2003 when Nisha Sharma accused her prospective groom, Munish Dalal, of demanding dowry. A new section 304-B was included in the Indian Penal Code. Deceased Vimla has sustained following injuries:-. Section 304 B dowry death. When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman has been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Section 304B in The Indian Penal Code. The provision is given wider scope as to cover all deaths of wives who are dead within seven years of marriage, the presumption of offence provides this scope. in the marriage. Coming to the sentence the High Court pointed out that the accused-appellant was a police employee and instead of checking the crime he himself indulged therein and precipitated in it and that bride killing cases are on the increase and therefore a serious view has to be taken. The necessary ingredients to prove the offence of dowry death punishable under section 304-B IPC have been discussed by the Hon’ble Apex Court time and again. PW 1 has stated that he often used to visit the matrimonial home of deceased to enquire her well being but she used to tell him that she was being harassed for dowry and that only one week prior to the incident, he has visited the matrimonial home of his sister and she has told she was being beaten for dowry and she has also shown injuries suffered by her. Punishment for dowry death is a minimum sentence of imprisonment for seven years or a maximum sentence of imprisonment for life. The minimum sentence provided is seven years but it may extend to imprisonment for life. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India. They have been subjected to cross-examination but no such adverse fact could emerged so as to affect the substance of their testimony. Section 304-B of the IPC makes it an offence and dowry prohibition act 1961 definition. Also Read: What Law Says On Domestic Violence, Meet Taruna Sethi, The Dynamic Lady Behind India’s Karuna Quilt Project, Meet The Top 5 Most Googled Women Of 2020Â, Ankita Raina Wins The Doubles Tennis At $100 TFK Women’s Event In Dubai, This Entrepreneur Widens Eco-Friendly Market Using 3 Basic Raw Materials, Global Influencer Diipa Büller -Khosla On Embracing Motherhood & Self-Love, Expert Talk: What Law Says On Domestic Violence, Expert Speak: Managing Your Energy As A Parent, Trolls And Patriarchy Are More Linked Than You Think. PW-1 Surya Bhan and PW-2 Daya Ram have made quite clear and cogent statements. Informant/PW-2 Daya Ram has deposed that the marriage of his daughter Vimla was solemnized with accused appellant Ram Ajor in month of June, 1998 and he has given dowry articles like bicycle etc.. After some time, his daughter has told him that accused-appellant was making demand of golden chain and colour TV and on that account he used to harass and beat her. 13 who also examined the dead body and gave his opinion, deposed that he noticed some injuries at the time of re-post mortem examination. Learned counsel for the appellant has not disputed the findings of facts and he has confined his arguments only regarding quantum of sentence. When deceased told these facts to her maternal family, her father has given a buffalo and some cash to the appellant but he was still not satisfied and continued to harass the deceased. Section 304B is a provision which is peculiar in its scope and applicability. Lastly it was submitted that accused-appellant is in jail since last 16 years as he was never granted bail. dowry death regarded as death of a woman for dowry. We tailor your experience and understand how you and other visitors use this website by using cookies and other technologies. Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. Keeping the aforesaid legal position in mind, it may be seen that in the instant case, it is not disputed that deceased died of strangulation within seven years of her marriage. Motilal vide inquest report exhibit Ka-8 and dead body of the deceased was sealed and it was sent for post-mortem. was made out. The Court will be failing in its duty if appropriate punishment is not awarded for a crime, which has been committed not only against individual victim but also against society to which criminal and victim belong. This means a dowry-related crime causes the death of a woman every 90 minutes, or 1.4 deaths per year per 100,000 women in India. (ii) Contusion 5.6 cm x 5.2 over mid part of left neck. The sentences awarded under section 498-A IPC and Section 4 of Dowry Prohibition Act by the trial court, are upheld. According to the statistics given in the NCRB Report, 20162, total number of reported cases related to Dowry Deaths in the year 2016 were 7,621 and total number of reported cases related to cruelty by the husband or his relatives to the wife in the year 2016 were 1,10,378. First part of Section 304B, IPC defines dowry death and second part prescribes the punishment for such cases. The Hon’ble Supreme Court in Prem Kumar vs. State of Rajasthan 2009 (3) SCC 726 held:-. 6 and Dr. Indu Latit, P.W. The accused-appellant has not caused any injury to the deceased and that she committed suicide by hanging on a tree. And ailments and facts and he has confined his arguments only regarding quantum of sentence consideration... Be awarded to the deceased based on dowry cases, It’s not Easy to be suffering from various.! The Indian Penal Code members of society, gender inequality will persist set. Be excessive incident and that deceased died of strangulation and 498A, defines! 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