Husband, in-laws acquitted in rare dowry death case

DOWRY cases always end with the imprisonment of the husband and in-laws, but in a rare case, an aged mother-in-law and a husband have been acquitted by the Sessions Court of the charge of causing a dowry death.

Riyaz Ahmed, his mother Mumtaz Sheikh and his father Bahshir Sheikh were booked by the Chembur police after Riyaz’s 19-year-old wife, Shabana Bi allegedly committed suicide by hanging herself to the ceiling of their house in Chembur on May 29, 2000.

All three of them were booked under Indian Penal Code sections 498 (A) (dowry harassment), 304(B) (dowry death) and 34 (Acts done by several persons in furtherance of common intention). They all were arrested and later released on bail. However, Riyaz’s father died during the trial.

Judge D U Mulla, today acquitted Riyaz and his mother for lack of evidence and prosecution’s failure to prove the charges levelled against them. The witnesses examined by the prosecution also did not support the prosecution’s charges. According to the witnesses, there was a dispute in Ahmed’s house but only on trivial matters.

Ahmed’s lawyers Anil Aggrawal and Guljit Singh Luggani today argued that the death of Shabana was due to her intolerant and sensitive nature and not because of harassment by her husband and in-laws. The lawyers also told the court that this was a misuse of laws which are meant to protect women as the police initially did not find the death to be a consequence of dowry harassment, but later after Shabana’s parents insisted the police booked Riyaz and his age-old parents under 498 (A), 304(B) and 34 of IPC.

Further talking to FPJ, Adv Luggani said that there are many Supreme Court judgements which say that if the death is due to the intolerant and sensitive nature of the wife then the husband and wife’s in-laws cannot be booked for dowry harassment and dowry death.