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Roshni B.. (For justice and dignity)     23 November 2010

SC orders courts to charge murder in dowry death cases

Charge murder in dowry death cases, SC tells courts


 


In the backdrop of growing number of dowry deaths, the Supreme Court on Monday directed all courts in the country to add the charge of murder against the accused so that death penalty could be awarded in such heinous cases. "We further direct all trial courts in India to ordinarily add


Section 302 (murder) to the charge of section 304B so that death sentence can be imposed in such heinous and barbaric crimes against women," a Bench of Justices Markandeya Katju and Gyan Sudha Mishra said in an order.


Under the exisiting provision, dowry death is registered under Section 304B IPC entailing a maximum punishment of life imprisonment(minimum seven years) but there is no provision for capital punishment.


The apex court passed the order while issuing a notice to convict Thathamsetty Suresh of Andhra Pradesh asking him why he should not be awarded death sentence for killing his wife and another convict Rajbir alias Raju as to why the punishment of of life imprisonment awarded to him by the sessions court in Rohtak, Haryana, should not be restored.


While in the case of Suresh, the sessions court had awarded life imprisonment which was confirmed by the High Court under Section 302 IPC, in the case of Rajbir, the charge was under Section 304B.


The Punjab and Haryana High Court had earlier reduced the life imprisonment to 10 year. Rajbir's mother was awarded two years RI. However, since Rajbir's mother was 80 years old, the apex court ordered her release on bail.


 


https://www.hindustantimes.com/Charge-murder-in-dowry-death-cases-SC-tells-courts/Article1-629661.aspx



 19 Replies

Avnish Kaur (Consultant)     23 November 2010

very gud decision. if its proved beyond reasonable doubt he shud be only hanged .

3 Like

Bhartiya No. 1 (Nationalist)     23 November 2010

Indeed very good decision. Killing brides are not good. It must be taken into rarest of rare cases since protector is killing.

Roshni B.. (For justice and dignity)     23 November 2010

agreed it's a gud decision.but merely passing laws is not enuf.india has so many laws but also lawlessness.

reason being investigation techniques are non-scientific,time consuming,attitude of PPs is frustrating,coupled with corruption in judiciary.

so tackle these problems first,or else innocent people will be punished,rich and influential people will be left scot free and what not...

 

first clean & change the entire system instead of simply passing laws one after another.

1 Like

Bhartiya No. 1 (Nationalist)     23 November 2010

The more is the law, less is the justice and corruption.

Law enforcement agencies are inefficient, ill equiped, mediocre type attitude and heavily corrupt.

Legal Fighter (Advocate)     23 November 2010

i think all gender specific laws (such as 304B, 498A etc.) should be scrapped as laws already exists to cater all kinds of crimes, no need to have special laws which indeed increase complexity and also we are moving towards gender neutral society.

2 Like

Roshni B.. (For justice and dignity)     23 November 2010

yes i agree with above

498A can be scrapped only if DV Act is made so effective that it has the power to summon  NRI husbands also who desert wives,and if need be,impound their passports.and it shud make women also resondents.

max. emotional,verbal and mental torture comes from women like sis inlaws,mother inlaws etc when the husbands,father inlaws are at work....women are gud at manipulations and mind games.dats y it's said"aurat aurat ki dushman hai"'now please dont attack me women supporters.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

Good Decision. but police will mis utilize it.

1 Like

MUKESH KUMAR CHOUDHARY (PRAVATE PRACTIONER)     23 November 2010

it is not only very good infact the best direction/orders. now hesitation is removed to application of 304b only in dowry death or 302 IPC. if it is applied by the courts as well as police,  no. of dowry death may decrease.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     24 November 2010

Really gud and helpfull decision.


(Guest)

Good Decision.

Avnish Kaur (Consultant)     24 November 2010

in the present urban scenario not only DILs are suffering at hands on inlaws, but MILs and SILs are also suffering at hand of  DILS. the law shud be made gender neutral and women like DIL shud also be allowed to be taken as respondent.

law shud be whomover commits a domestic violence may it be DIL, SIL, MIL,FIL,BIL shud be punished , no one is above law just due to nature of relationship or age.
 

Bhartiya No. 1 (Nationalist)     24 November 2010

Deciding/judging family mater is very tough.
 

Avnish Kaur (Consultant)     25 November 2010

to get to truth in family matters is almost impossible witth so many allegations and conter allegations and hardly any solid evidence,

Roshni B.. (For justice and dignity)     25 November 2010

petitioners and respondents can be served drinks..then question them.truth will come out....

because lie detector tests are not allowed since our constitution gives more priority to privacy than speedy justice.


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