Suicide falsely implicated as Dowry Death

Suicide falsely implicated as Dowry Death written by Diksha Sharma student of Government Law College, Mumbai

Kuldip Singh and Anr vs the State of Punjab

Facts:

Paramjit Kaur, wife of the appellant was found hanging at her in-law’s place. Kuldip Singh, who is the husband of the deceased along with his parents, was charged for the offense of dowry death and put under rigorous imprisonment for 10 years. The medical reports revealed that the death of the deceased was caused by the intake of aluminum phosphide. The complainant, Naranjan Das, father of the deceased, had filed an appeal for a criminal revision, aggrieved by the decision of which the respondents’ moved to the High Court seeking relief.

Issues:

Whether the accused are guilty of dowry death and if the criminal revision appeal of the respondent should be considered?

Legal provisions:

● Section 304B, IPC – Dowry Death
● Section 498A, IPC -Husband or relative of husband of a woman subjecting her to cruelty
● Section 313, CrPc -Causing miscarriage without woman’s consent
● Section 113B, The Indian Evidence Act,1872 -Presumption as to dowry death

Appellant’s Contention:

It was contented by the appellant that his wife was going through depression and submitted that he had earlier demanded Rs.1,000/- and Rs.5,000/- when he was leaving for abroad, but he had returned all at once. After returning from abroad he never approached his father-in-law for money. The deceased was never subjected to any cruelty or maltreatment by him or his parents; he claimed to have cordial relations with the family of the deceased. The Trial court had overlooked the circumstances and provisions arising in dowry death.

Respondent’s Contention:

The complainant stated that his daughter had complained of the mistreatment by her in-laws on account of getting an insufficient dowry, which is enough to prove that her in-laws and her husband are responsible for the incident.

Observations of the court:

It was observed by the court that a case that had been filed around 2 years before the marriage seems to be coinciding with the present case and therefore, this case is being treated under dowry death. However, there was no harassment or cruelty soon before the passing of the deceased. It is the duty of the investigator to draw observations impartially; he should have carefully examined the statement proposed by Naranjan Das. There is also no evidence to prove that the accused had instigated her to take such steps. All the ingredients do not lie in this case.

Judgment:

The court was of the view that a suicide case was simply illustrated as dowry death. It is important to know that the death of a wife within 7 years of marriage doesn’t always amount to dowry death, it can occur due to other reasons as well. Hence, the accused are acquitted.