A bench consisting of Justice Dr VRK Krupa Sagar was hearing the appeal of a mother and her son who were aggrieved by conviction under Section 304B IPC (Dowry death) and sentence of rigorous imprisonment for ten years.
The complainants alleged that their daughter was subjected to cruelty within the eight months of her marriage and that the appellants compared her marriage ceremony and arrangements with that of her sister’s wedding celebrations.They alleged that the appellant-husband and his mother subjected the deceased woman (daughter-in-law) to cruelty as they often asked her to be a bit more perfect in her household work.
Based on this argument, the bench observed,
“A praise or a comment with reference to the works that were being done is a common factor in any household. It is no oneās case that she was either abused or physically beaten for her imperfections in doing household works.”
The bench pointed that the material placed on record fell short to convict the appellants under charges of dowry death.
“If really the deceased woman was subjected to troubles, there was no occasion for her not to tell someone who was immediately available around her house,” the judge observed.
The bench highlighted that there was never an incident of any of the accused sending away the deceased from the house nor the deceased rushing away from the matrimonial home and reaching her mother and brother complaining of any trouble to her by the accused.
“This is indicative of the fact that it was a normal family life she was leading. Normal family life holds pains and pleasures in its living. The evidence of her parents does not show that they ever felt to enquire about the well being of the deceased through any neighbour of the matrimonial home. That means they had no occasion to feel anything bad or suspicious,” the bench added.
The bench concluded by saying,
“Drawing comparison for marriage celebrations or elders telling the newly married girl about the need for attending household works more efficiently are no way connected to dowry and cruelty with reference to dowry as mentioned in Section 304-B Indian Penal Code (IPC),”.
In view of the evidences and material on records present, the bench allowed the appeal and set aside the conviction of the mother in law and her son.