Excerpt
The High Court of Jharkhand sustained the decision of Sessions Court and held the Accused guilty after closely examining the Evidence under section 498a and 306 of IPC and exempted him under Dowry Prohibition Act.
Facts of the case
This Appeal is filed against the judgment passed by the Principal Sessions Judge in which the Petitioner was convicted under section 498 A IPC for cruelty against a woman. Petitioner was accused of demanding dowry from his wife and on denial by the wife he assaulted and tortured her. The Accused in the case pleads himself not guilty of all the allegations filed against him.
Arguments of the Petitioners
Learned amicus curiae argued that most of the witnesses that were presented were relatives of the Respondent thus they all were biased. The doctor also testified and there were no marks of external injuries on the body of the victim. The victim had claimed that she had tried to be burned alive and was rescued by the neighbours, however, none of the neighbours had come forward for stating the same. They also put light on the fact that the victim who was a para teacher wanted her husband to live with her at her working place and was never willing to live at her matrimonial house.
Arguments of the Respondents
The State argued that there is no need to re-examining evidence on record and the victim and other witnesses as they fully support the case of the prosecution and they were fully cross-examined. Since the beginning of their wedlock dowry was demanded regularly and the father of the victim was also fulfilling the same. When he was incapable she was tortured and assaulted and even tried to be burned alive. The doctor also confirmed that when the victim visited her she suffered from pain.
Court’s opinion
The High Court opined that the Lower Court has duly scrutinized the pieces of evidence on record and the victim and witnesses of the case, has fully supported the prosecution case and was thoroughly cross-examined. In the judgment, the court convicted the Appellant under Sections 498A and 306 of the Indian Penal Code for cruelty against woman and abetment of suicide. He was acquitted of the offence under Section 3 /4 of the Dowry Prohibition Act due to lack of evidence.
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