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(Guest)

Bombay high court relief for husbands in dowry deaths

Bombay high court relief for husbands in dowry deaths


 

 

SOURCE - https://www.dnaindia.com/mumbai/report_bombay-high-court-relief-for-husbands-in-dowry-deaths_1516112




In a judgment of import, the Bombay high court has ruled that if a wife dies unnaturally within seven years ofmarriage,the husband cannot automatically be held guilty of dowry-death.

Justice JH Bhatia, while acquitting John Khandagale on March 1, noted: "To establish that it was a dowry death, it must be established that the death was connected with ill-treatment or harassment on account of or in connection with demand of money."

On January 7, 1988, John was arrested for the murder of his wife Urenica. The sessions court acquitted John of any murder charge due to lack of evidence.

However, he was convicted for offences under sections 304 (B) (dowry death) and sentenced to seven years of rigorous imprisonment.

The judges noted that prosecution had failed to prove that John had, in fact, murdered Urenica, "It is possible that the accused might have quarreled and beaten his wife, but that does not mean that every quarrel or beating was related to the demand of money or dowry alone," wrote justice Bhatia in his order.



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 6 Replies


(Guest)

Here is the judgement..


Attached File : 33 33 john vasant khandagale vs the state of maharashtra on 1 march 2011.pdf downloaded: 241 times
2 Like

Kiran Kumar (Lawyer)     06 March 2011

in criminal law you can not say a single judgment changes the course of entire law.

 

every decision depends upon facts and circumstances of the case.

 

for all absolute reasons an innocent person shall not get convicted merely because the relatives of the deceased consider him guilty.

 

this judgment can not be termed as a relief for all....but yes it gives a direction to trial court to consider the matter in all appropriate directions.

1 Like

Suchitra. S (Advocate)     06 March 2011

Rightly said,  Kiran ji. 

2 Like

Legal Fighter (Advocate)     06 March 2011

the said decision is in particular facts and circumstances. subject is somewhat misleading.

1 Like

shyamsunder (Manager-HR)     07 March 2011

To break the marriege life  , mostly the parents oR relatives of  spous  is very important hands in the picture

Deekshitulu.V.S.R (B.Sc, B.L)     09 March 2011

A good judgment but it keeps the Lower courts to caution and weigh all matters according to facts and circumstances obtaining in the case.


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