New Delhi: The needle of suspicion does not necessarily point to
husband and in-laws if a woman dies within a year or so of marriage,
the Supreme Court (SC) has ruled. It cannot be treated as cruelty for
dowry and the in-laws cannot be convicted of causing dowry death, the
court said.
The judgment came on an appeal by Suresh Kumar Singh who was sentenced
to seven years by an UP court under IPC section 304-B (dowry death)
for causing the death of wife Asha Devi on December 8, 1993. The
Allahabad high court confirmed the sentence.
Asha's family alleged that Singh and his parents had harassed her
demanding gold ornaments a year ago and as such, they were to blame
for her death.
SC, however, said as the alleged demand for dowry was made over a year
prior to Asha's death, it could not be considered cruelty leading to
death.
"Harassment a year prior to the death without something more, in our
opinion, could not have been considered cruelty inflicted soon before
the death of the wife. It does not satisfy the proximity test,"
justices SB Sinha and Mukandakam Sharma held, negating the
prosecution's assertion that in case of death of a married woman
within seven years of marriage, husband and in-laws were liable to
face the dowry death charge.
To invite conviction under section 304-B, it is necessary that "soon
before her death", the woman must have been subjected to cruelty by
husband or his relatives in connection with dowry, SC said.
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