In, Ajhola Devi & Anr. vs State of Jharkhand, the Division Bench of Supreme Court has held that, The legislative intent of incorporating Section 304­B was to curb the menace of dowry death with a firm hand. Such offences have a serious impact upon society. Keeping in mind the aforesaid   aspects,   imposition  of   sentence   for   the  offence   of  dowry death is required to be considered. A strong message must go in the society that a person who commits such an offence of dowry death and/or the offences under the Dowry Prohibition Act shall be dealt with an iron hand.

Facts

In the present criminal appeal the judgment and order passed  the Trial   Court,   confirmed   by   the   High   Court, convicting the appellants/accused – father­in­law and mother in law of the deceased for the offence under Section 304­B read with Section 201 of Indian Penal Code (IPC) is Challenged.

Contention Made

Appellant: That lesser punishment may be imposed looking at the age of the accused.

Court Observation

The Division Bench of Supreme Court of India, while affirming the cointention of the Appellant in Negative observed that, The legislative intent of incorporating Section 304­B was to curb the menace of dowry death with a firm hand. In dealing with cases under Section 304­B, such legislative intent has to be kept in mind. The offence under Section 304­B – offence of dowry death is the offence against society. Such offences have a serious impact upon society.

Court Judgment

The SC while dismissing the appeal has held that, The demand of dowry has been established and proved by the prosecution. The deceased died within a period of one year of her marriage. The minimum punishment for the offence of dowry death is 07 years and the maximum punishment is life imprisonment. The learned Trial Court has awarded the sentence of 10 years R.I.

Case: Ajhola Devi & Anr. vs State of Jharkhand

Citation: CRIMINAL APPEAL NO.       OF 2022 (Arising out of SLP (Crl.) No. 4221 of 2022)

Bench: Hon’ble Mr. Justice M.R. Shah and Mr. Justice B.V. Nagarathna

Decided on: 10th  August, 2022

Read Judgment @Latestlaws.com

Picture Source :

 
Anjali Tyagi