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Dowry Death case of my sister

Page no : 2

Saurabh..V (Law Consultant)     30 May 2012

@Author

 

Simply file RTI with police deptt. for getting information on the filing of charge-sheet.

 

Also if it comes out in RTI that they have filed charge-sheet then you should inquire in appropriate court. Send a written letter to the Registrar and seek information on this case.

 

All the best!

 

//peace

/Saurabh..V

Anjuru Chandra Sekhar (Advocate )     01 June 2012

Two essential ingredients of Section 304-B IPC, apart from others, are (i) death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, and (ii) woman is” subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for “dowry”. The explanation appended to sub-section (1) of Section 304-B IPC says that “dowry” shall have the same meaning as in Section 2 of Dowry Prohibition Act, 1961. Section 2 of Dowry Prohibition Act reads as under: “2. Definition of “dowry”—In this Act “dowry” means any property or valuable security given or agreed to be given either directly or indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage .or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (shariat) applies. In view of the aforesaid definition of the word “dowry” any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties. Therefore, the giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential. Being a penal provision it has to be strictly construed. Dowry is a fairly well known social custom or practice in India, It is well settled principle of interpretation of Statute that if the Act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that, trade, business or transaction knows or understands to have a particular meaning in it, then the words are to be construed as having that particular meaning. (See Union of India vs. Garware Nylons Ltd., AIR 1996 SC 3509 and Chemicals and Fibres of India vs. Union of India, AIR 1997 SC 558). A demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood. The evidence adduced by the prosecution does not, therefore, show that any demand for “dowry” as defined in Section 2 of the Dowry Prohibition Act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. Since an essential ingredient of Section 304-B IPC, viz., demand for dowry is not established, the conviction of the appellants cannot be sustained.

 

Citation:

APPASAHEB AND ANOTHER
Appellants.
versus
STATE OF MAHARASHTRA
Respondent.

 

Therefore, my view is,  if the demand for money is not related to marriage if it happened during normal course of life, do not use provisions of DP Act and 304B.  I am no acquainted with the facts of your case.  But keep in mind the above judgment.  Only if it is specifically related to marriage, it will be treated as dowry otherwise, it is not treated as dowry death.  Sec.302 IPC + Sec.498A is sufficient.  Others will only help the cause of accused by creating confusion in the minds of judges.

deepakeshwar (Manager)     01 June 2012

 

Thanks alot chandrasekhar for your valuable feedback.

FIR is be done for 304B, 498A, 3&4 DP Act. and Evidences started and cross also over for almost 70%  now officials witness are coming and same time cross examination happing. So in this time our PP is filling 302.

So it can be done? is it good. 
its like what my sister husband side asked for dowry we have given all and after marriage again they started and went beyond after my sister gave child girl birth...!

"My sister was in our house after very bad harassment happened, for 4 to 5 months in our house, none came from my sister husband side to talk or they were not interested to pick our calls - they just wanted - property/land/flat to buy." finally he sent a letter from lawyer telling come home i will take care of you no need anything. then we went to his lawyer and we sent our sister, kid to husband house..After we left not even 2 months my sister was no more.. :(.....

Again Many Thanks Chandrasekhar for ur views.
Hope my sister get justice...and i fight for my sister..!
Regards

Anjuru Chandra Sekhar (Advocate )     01 June 2012

@Deepak.  Hope your sister will get justice.  Sec.302 will definitely work in your favor if facts and circumstances of the case hint at murder. However in such case S.304B becomes redundant.  If the demand for flat/property/land etc was made by them relates to any deficiency of dowry amount that you have promised to pay at the time of marriage, then S.304B is applicable.  Punishment for S.304b -

 

(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.]

 

For murder (S.302) it is death penalty. 

 

So S.302 is severe punishment than S.304b.  However, the facts should be presented carefully.  I said S.498a + S.302 is sufficient because S.498A contains elements of offense other than dowry, like mental and physical harrassment which may not be related to dowry.  And very aptly it also contains elements of offense relating to unlawful demand for any property or valuable security, which may not necessarily be linked to Dowry unless facts of the suggest warrant so. In other words, S.498A is not at all related to dowry harrassment but harrassment related to monetary demands during normal course of conjugal life which has no relation whatsoever to marriage.  Hence the words "property or valuable security" used in S.498A are not dowry.  If it is to be treated as dowry (if facts of the case are related to dowry), then use 304B+3,4 of DP Act.  Otherwise, use S.302+S.498A.   Please note this difference carefully and proceed accordingly.

 

It becomes difficult for court to reject allegations of harrassment (mental/physical) in view of the fact of death if you apply S.498A + S.302.  But on the other hand, if you say, it is dowry death, then you have to substantiate that it is demand made for meeting the deficiency in promise of dowry at the time of marriage, which they had been demanding in the form of property and all.  For this you need more witnesses.  If you don't prove that it is demand for dowry, then court concludes the way it is mentioned in the above referred judgment and acquits them.  It is very risky proposition.

 

As you are more aware of the facts of situation than me decide wisely based on this analysis.

 

1 Like

deepakeshwar (Manager)     23 June 2012

Thanks Alot sir. now case in almost 70% over PP is transfer now shall we call her back.what is the steps involved. because that PP knows everything from 1st our case. now new pp as came..what is the suggestions please..

how i have to move in this.

Regards

Deepak


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