Supreme Court Judgement is dated 15th April, 2014 in Criminal Appeal No. 666 of 2009
Importance of Judgement
There is difference in "Abetting suicide of Daughter in Law" and "Abetting suicide of Daughter in Law for purpose of dowery". In later case, the punishment is minimum 7 years jail. In former case, there is no minimum mandatory requirement.
This judgement shows reasonings of courts about deciding this fine difference.
Here, trial court acquitted father in law and mother in law as it found that evidence about demand of dowery was not believable. There was some other dispute about living in some separate house.
High Court, however, reversed acquittal by observing that in this case the Husband has not come forward to give evidence in support of his parents. Therefore, accused father in law and mother in law must be guilty. And then there is evidence of some witnesses that deceased was being harassed for dowery.
Supreme Court, took different view and found that there is no evidence that soon before death demands of dowery were made.
So the accused cannot be convicted for 7 years jail under dowery law....But there was sufficient evidence that the Father in Law and Mother in law created situation which drove daughter in law to commit suicide. So the crime of "Abetting to suicide of daughter in law" was proved.
Now, the Father in Law and Mother in Law had crossed age of 60 years. They had been looking after son of the deceased all these years. And looking to other facts of case, Supreme Court ordered rigorous Imprisionment for two years and Rs.50,000/- fine.
Style of Judgement.
The Judgement is written in following format:-
1) Question before Supreme Court and answer given by Supreme Court.
2) Facts
3) Decision by trial court (Its Reasons)
4) Decision by High Court (Its Reasons)
5) Discussion (Reasons prevailed in Supreme Court)
6) Conclusion (Final order)
The style is easy to read for law students, layman and lawyers.
Judgement can be searched in official website of Supreme Court of India by searching in "Judgements" tab.
Haresh Raichura
21/6/2014
