Bombay HC - The demand of dowry even by rich persons against poor family members of the wife is rampant

Case: Vasant s/o Nagnath Amilkantwar v. the State of Maharashtra

The Aurangabad bench of the Bombay High Court observed that the dowry is still a social menace in our society, and even so-called rich people demand dowry from poor parents of brides.

Justice Bharat Deshpande said that "dowry in our society is a social menace. Despite strict legislation imposed by the courts, many cases are still coming to the courts of law. Greed is not dependent upon the status of persons. The demand of dowry even by rich persons against poor family members of the wife is rampant..."

The Court quashed the acquittal orders of a trial court, noting that the testimony of the deceased woman's parents, highlighting a dowry demand, was disregarded on thin ground.

The Bench was hearing a criminal revision application filed by the father of his daughter, who died due to 97% burn injuries on June 14, 2001. The deceased's parents alleged that their daughter was ill-treated and harassed by her husband and in-laws, as her parents were not able to fulfil the dowry demands.

In his judgment dated March 23, 2004, the sessions judge, however, stated that since the accused were aware of the poor status of the deceased, there was no question of demanding dowry. Additionally, the judge cited a dying declaration in which the deceased stated that she committed suicide as she was not able to bear the extreme pain in her stomach.

Justice Deshpande pointed out that the sessions judge failed to note that the dying declaration had not been endorsed by a doctor certifying that the deceased was in a "fit state of mind" to make any statements. Moreover, the dying declaration was not recorded as per the mandatory parameters provided under the law.

HELD

The HC Court found it a fit case for exercising jurisdiction under Section 401 of the Code of Criminal Procedure (CrPC) since the sessions judge completely ignored settled propositions of law about dowry death, appraisal of evidence in connection with demand where there is normally no independent witness, and thirdly, concerning dying declaration which appears to be false.