No direct proof of husband's role needed for dowry death: Allahabad HC
The Lucknow bench of the Allahabad High Court has held that no direct evidence of the husbandâs or in-lawsâ involvement is needed to treat a
The Lucknow bench of the Allahabad High Court has held that no direct evidence of the husbandâs or in-lawsâ involvement is needed to treat a case as a dowry death if a woman dies within seven years of marriage and there is proof that she was harassed for dowry. The court made the observation while hearing an appeal by Sandeep Singh Hora, who was convicted in the death of his wife. Read Full Story While upholding Horaâs conviction, a division bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava reduced his sentence from life imprisonment to 10 yearsâ rigorous imprisonment. The bench said the trial court had not given clear reasons for awarding the maximum punishment. Hora was sentenced to life imprisonment by a trial court in 2010 after being convicted in connection with the death of his wife in the Talkatora Police Station area of Lucknow.
He had challenged the sentence in the high court. Delivering its verdict on Friday, the bench upheld his conviction for dowry death but reduced the sentence. The court noted that the woman had died an unnatural death in her matrimonial home and that cruelty linked to a demand for dowry had been proved during the trial. It said Section 304-B of the IPC creates a presumption of dowry death once its conditions are met. The bench said that the absence of direct evidence showing the accusedâs direct connection with the death does not by itself weaken a prosecution for dowry death. At the same time, the high court said the trial court had failed to properly weigh the aggravating and mitigating circumstances while deciding the sentence.
It observed that the case did not fall in the category of a ârare caseâ that would justify life imprisonment. The bench also took note of the fact that Hora had undergone six years, four months and 19 days of actual imprisonment, or seven years, five months and 21 days with remission, and that no adverse report about his conduct or antecedents had been placed before the court. The court further observed that Hora is around 40 years old and that the incident had taken place 16 years ago. Referring to Supreme Court rulings, the bench said that though Section 304-B of the IPC allows life imprisonment, such extreme punishment should be imposed only in rare cases. It therefore reduced his sentence and directed that the time already spent in custody be adjusted against it, while leaving undisturbed his convictions and sentences under Sections 498-A and 406 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
