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DASRATH VS STATE OF MADHYA PRADESH

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NATIONAL LEGAL RESEARCH DESK

Dasrath v State of Madhya Pradesh – (2010) 12 SCC 198 – Supreme Court of India

The majority of the case s in this area have therefore concerned the third element: That the wife must have suffered cruelty and / or harassment at the hands of her husbands or his relatives in connection with demands for dowry soon before her death. However the court has also decided certain other cases focusing exclusively on the meaning of ‘dowry’ for the purpose of section 304-B.

The present appeal is directed against the judgment of the High Court dismissing the appeal of the appellant Dasrath. The accused was convicted by the Trial Court for the offence under Section 304B, Indian Penal Code (IPC) and was sentenced to suffer rigorous imprisonment for 10 years and pay a fine of Rs. 5,000/- and for the offence under Section 201(Causing disappearance of evidence of offence, or giving false information to screen offender), IPC and was directed to suffer rigorous imprisonment for one year with a fine of Rs.1,000/-.

The Supreme Court observed that, it is certain that the victim died an un-natural death by burning within seven years of her marriage. The Court found that demands of Buffalo made to father of the victim, who did not accept that demand, further, he stated in his evidence that after 1 year of the marriage when he went to the house of Pinki in the month of Shravan, door was closed and the appellants were beating the victim and that the floor was smeared with blood and blood was also oozing out from the mouth of victim. He also asserted about the demand of a large size television as the television which was given in marriage was a small colour television. This evidence of torture is well supported by evidence of other witnesses.

In view of this, the Trial court and the appellate Court have recorded that, firstly, victim died an un-natural death because of burning within seven years of her marriage and, secondly concluded that she was subjected to cruelty and harassment by her husband and/or relatives in connection with the demand for dowry and that she was subjected to cruelty soon before her death.

DASRATH VS STATE OF MADHYA PRADESH

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