Lucknow: Lucknow Bench of Uttar Pradesh has given a very important verdict in an old case of dowry death. The court has clarified that merely demanding valuables or gifts cannot be considered a basis for dowry death. Unless a direct and concrete connection is proved between the cruelty or harassment of the woman and her death, it will not be categorized as a crime.

What is the whole matter and why was the decision reversed?

This case is about 27 years old, which was registered in Banthra police station of Lucknow in the year 1999. Mewa Lal and two other people were accused of killing his daughter-in-law by poisoning her. The father of the deceased had complained that his daughter was murdered when her dowry demand was not met. The lower court had found the accused guilty in this case and sentenced them to 7 years’ imprisonment, which has now been canceled by the High Court.

Mere demand for dowry is not enough, it is mandatory to prove cruelty.

The High Court said during the hearing that to prove the crime of dowry death, the prosecution will have to connect the links of harassment. The Court remarked that “there must be a strong link between the death and dowry violence.” Merely saying that the in-laws were demanding valuables is not enough to convict someone. Unless it is proved that the woman was physically or mentally tortured because of that demand, a case under Section 304B cannot be made out.

Medical report changed the direction of the case

The court based its decision on evidence and post-mortem report. During the hearing it came to light that there was no injury mark on the body of the deceased. The most important thing was that even in the viscera report no evidence of poison was found. The court made it clear that if the death occurred under normal circumstances and the post-mortem report does not indicate any kind of unnatural death, then it cannot be considered as dowry death.

Scope of law and learning of the court

In its decision, the High Court explained in detail the difference between natural death and suspicious death. According to the court, if the cause of death is not clear and it appears to have occurred under normal circumstances, then it will not come under the purview of dowry death. This decision has sent a clear message that in dowry cases, punishment cannot be imposed on the basis of allegations alone, but it is mandatory to present scientific evidence and concrete evidence of cruelty.