One should not be tortured for dowry just because she is poor

One should not be tortured for dowry just because she is poor written by Rashmi Maruvada student of Damodaram Sanjeevaya National Law University Vishakapatnam

Bachni Devi v. State of Haryana 2011, 4 Scc 427

Facts

In this case, a mother (A1), and her son, (A2) are accused of torturing the wife of A2. Kanta, the victim had committed suicide by hanging herself with the ceiling fan. She was married to A2 three months before the incident had occurred. One day, A1 visited the parents of the victim and she told them that her son is going to start a milk vending business and thus, he requires a motorcycle, she demanded a motorcycle from Kanta’s father. He was a rickshaw puller and earned only Rs.20 per day. Hence, it was impossible for him to buy a motorcycle for A2. A1 told him that, if he did not purchase a motorcycle for her son then Kanta would not be allowed to stay in the matrimonial home. After a few days, A2 bought Kanata along with him to her parent’s house and left her there saying that he would come after a few days to take her along with him. Kanta told her parents about the torture and cruelty she faced in her matrimonial home. Again after a few days, A2 came to Kanta’s parent’s house and said that he would want to take her along with him as there is an engagement ceremony of their relatives. Kanta did not want to go with him as she knew that there is no engagement ceremony. Her father insisted her to go along with him as she had to live her life with him. She agreed to go with him promising that she would come for the Raksha Bandhan after few days. On the day of Rakshabandhan, Kanta’s parents waited for her to come, but she did not arrive the entire day. Later, her family came to know from a villager that she had died 2–3 days before the Raksha Bandhan. The father went to the house of the Appalents and found Kanta’s body there. She had died hanging herself with the ceiling fan. Her father filed a case against A1 and A2 before the trial court which convicted them under section 304B of the Indian penal code. The High Court of Punjab and Haryana upheld their conviction. Aggrieved by this the appellants filed an appeal in the Supreme Court of India.

Judgment

The conviction of the accused was upheld by the honorable Supreme Court as there was enough ground to prove that the victim was tortured for dowry and also when she had died, the accused did not even bother to inform her family.