Tripura High Court: Convict Proved To Be Falsely Accused of Dowry Death

Must Read

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector &...

Follow us

Excerpt: 

An appeal was filed by the Appellant that he was claimed to be wrongly convicted for subjecting his wife to cruelty. Further, he has also been accused of dowry death. The High Court of Tripura overruled the decision of sessions court and held that the Appellant was not guilty of the same.

Facts of the case: 

The Appellant was charged under several crimes of subjecting her wife to cruelty, Committing dowry death and also committing the murder of her wife, along with two other accused namely Karam Ali and Anwara Begum by the Sessions Judge, Gomati Judicial District. The other two accused were acquitted from the charge on the benefit of the doubt but the Appellant was convicted for subjecting her wife to cruelty and dowry death as well by the Sessions Judge. The Appellant has been sentenced to suffer rigorous imprisonment of 3 (three) years and to pay fine of Rs.5000/ along with rigorous imprisonment for 10 (ten) years and to pay fine of Rs.10,000/- both to be faced concurrently. Based on a written complaint filed by one Rajjak Miah on 02.06.2016, which had revealed cognizable offence to the officer-in-charge of the said police station by stating that his daughter, Rahima Begam was given marriage to the Appellant as per Sharia law. Various gifts in the form of dowry were already given at the time of marriage but the Appellant demanded more and also subjected her deceased daughter to cruelty. He further stated that the Appellant had an illicit relationship with another woman during his marriage.

Arguments made on behalf of the Appellant:

The learned counsel appearing for the Appellant contended that the trial judge while returning the finding of conviction, failed to appreciate the evidence objectively. There is no factual evidence of torture or harassment on demand of dowry soon before the death of the deceased. Furthermore, there was no evidence of unlawful demand to establish cruelty to punish the Appellant. The learned counsel had quite emphatically submitted that according to the evidence presented the marital life of the Appellant with his deceased wife was quite stable. The learned counsel furthermore stated that the investigating officers were greatly influenced by the hypothesis of murder and they had carried out an offender-centric investigation and such investigation could not be termed as the fair investigation.

Arguments made on behalf of the Respondent: 

The additional public prosecutor presented various witnesses and submitted that according to the combination of evidence, it makes it abundantly clear that the Appellant had tortured his wife, Rahima both physically and mentally on demand of TV. Learned counsel particularly pointed out that three days before her death, Rahima came to the house of her father and told him that her husband (the Appellant) was demanding a TV and fridge. He furthermore stated that her mother-in-law taunted Rahima as the necklace given by her parents was “thin”.

Decision of the Court:

Upon hearing the learned advocates appearing for the Appellant and the Respondent, the court overruled the decision of sessions court and held the Appellant not guilty and stated that the pieces of evidence submitted from the witnesses were exaggerated. 

Click here to view judgment.


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the Court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

“Anganwadi Centers to Be Reopened Outside the Containment Zones, Which Is to Be Decided by the State”: Supreme Court

This case concerns the reopening of the Anganwadi Centers after they had been closed due to the lockdown being imposed.  Brief facts of the case This...

“Credit Facilities Being Granted by the Primary Agricultural Credit Society to the Non-Members Is No Longer Illegal”: Supreme Court

This Case concerns the dispute relating to the grant of tax exemption under Section 80P of the Income Tax Act, 1961.  Brief facts of the...

Back Wages of Labourers is a Question of Facts Depending Upon Various Factors: Gujarat High Court

The petition has been filed by workmen and employer against an award dated 23.04.2009 passed by the Labour Court, Bhuj in the case of...

More Articles Like This

- Advertisement -