Dowry Death Cases
Jammu Tawi, May 19
Principal Sessions Judge Bhaderwah M K Sharma today awarded rigorous life-imprisonment to Satish Kumar father-in-law, his wife Ram Payari and his sister Dhaneshri Devi who killed their daughter-in-law by catching her and smothering her to death for dowry demand.
Meanwhile, Principal Sessions Judge Udhampur Kikar Singh Parihar also awarded today rigorous life-imprisonment to Kamlesh Kumar who killed his wife for dowry. Principal Sessions Judge Bhaderwah MK Sharma after hearing both the sides observed that the convicts are first offenders. The victim was a young lady of 22 years with a minor daughter in her lap. She was living with the convicts Satish Kumar and Ram Pyari, whereas convict Dhaneshwari Devi was a guest. It is, therefore, not an exceptional case in which instead of life imprisonment, death sentence could be awarded. Though, it is a case of a death of a young bride but it does not fall in the category of rarest of rare cases where the death sentence is warranted. The convicts are, therefore, sentenced to rigorous imprisonment for life and fine of Rs.5,000/- each for the commission of offence u/s 302/34 RPC.
According to the police case the deceased Deepika Kumari was married to Anil Kumar in December 2009, and the couple was blessed with a daughter. The accused used to harass and beat the deceased for want of more Dowry. On 11.03.2011, All the accused persons with common criminal intention called the deceased to a room with the plea to prepare tea for them and caught hold the deceased and smothered her to death. Police register a case and after completion of the investigation presented challan in the court. Meanwhile, Principal Sessions Judge Udhampur Kikar Singh Parihar also awarded today rigorous life-imprisonment to Kamlesh Kumar who killed his wife for dowry.
According to the police case that on 19.05.2014 an information through reliable source was received In police station Panchari to the effect that the dead body of Mst. Sushma Devi wife of Kamiesh Kumar R/o Kattl Tehsil & District Udhampur, age 19 to 20 years, has been found hanging with a tree with a noose of Dopatta around her neck at Khalya Da bar jungle Kati and the cause of death is not known. During the proceedings u/s 174 Cr.P.C, statement of the mother of the deceased Sushma Devi was also recorded u/s 175 Cr.P.C In which she stated that deceased Sushma Devi was married with the accused an year ago but after sometime the accused started raising demands of more dowry from the deceased and harassed and subjected her to physical violence and the deceased used to narrate her tale of woes to her mother. That the accused was also advised not to harass and torture the deceased because her father had already died and mother and brothers were poor and they were not in a position to fulfiH his demands because of financial constraint but the accused did not change his behavior and kept torturing the deceased physically and on 18.5.2014 the accused again subjected her to physical violence as a consequence of that she ended her life.
Principal Sessions Judge Udhampur Kikar Singh Parihar after hearing both the sides observed that It Is true that the accused has committed a pre planned and pre meditated murder of deceased In a barbaric manner who was his wife and was in the prime of her youth being 20 year’s of age but in my opinion If given a chance there Is every possibility of the accused being reformed. It Is also not established by prosecution that alternative punishment of life imprisonment would be futile and would serve no purpose and we are living In an era of reformation and I find no reason why the convicted accused who is in the prime of his youth cannot reform himself in future and become good citizen again. Therefore, keeping In view all the above mentioned circumstances and legal principles this Court is of the opinion that the present case does not fall in the category of “rarest of the rare cases” and a sentence of life imprisonment would meet the ends of justice for offence u/s 302/RPC accused namely, Kamlesh Kumar S/o Flrangl Ram R/o Katti Tehsil & District Udhampur is accordingly sentenced to rigorous life imprisonment and fine of Rs.5000= u/s 302/RPC. In default of payment of fine he shall undergo further simple imprisonment for six months. He Is also sentenced to two years rigorous imprisonment and a fine of Rs 1000/ u/s 498-A/RPC In default of payment of fine he shall undergo further simple Imprisonment for one month. All the substantive sentences of the accused however shall run concurrently. JNF