Penal Code, 1860 – ss.306, 304B, 498A – Dowry Prohibition Act, 1961 – ss.3, 4 – Abetment of suicide – Dowry death – Death of the victim in her matrimonial home – FIR by complainantfather of the victim alleging that the appellant-mother-in-law of the victim used to mentally and physically torture her for getting less dowry – Trial court convicted the appellant u/ss.304B and 498A IPC and ss.3 and 4 of the 1961 Act and sentenced accordingly – High Court acquitted the appellant of the said offences, however convicted her u/s.306 IPC on basis of the statement of the brother of the victim that the appellant behaved in a manner which led the victim to commit suicide by consuming poison – Interference with:
Held: Not called for – Brother of the victim gave an account of events in a very natural manner that does not seem exaggerated or untruthful in any manner – Element of honesty and fairness in his statement throughout lends it much credibility – Family members of the deceased have been very precise in their allegations against the appellant – Complainant displayed honesty while making the allegations and has not unnecessarily implicated other family members of the husband of the deceased by making omnibus allegations against all of them, which is usually the adopted tactic in cases of similar nature – Overall conduct of the prosecution unusually fair and honest and no reason to disbelieve the prosecution case – It is abundantly clear that the deceased was repeatedly tortured and abused by the accused on account of dowry demand – Abuses hurled at the deceased by the appellant on the day of the incident led her to committing suicide – Guilt of the appellant u/s.306 proved beyond reasonable doubt – High Court adequately considered the ground of old age of the appellant as a mitigating factor and awarded sentence of three years rigorous imprisonment which balances the interest of justice quite equitably – Impugned order upheld. [Paras 9-14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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