Suicide: No dowry demand: A moral conviction regarding the guilt of an individual has no place in criminal jurisprudence
Prayer Criminal Appeal under Section 374(2) Cr.P.C. for setting aside a judgment. Accused acquitted of dowry death charges. The accused was prosecuted for dowry harassment upon his wife. she has committed suicide and thereby caused dowry death. Fact of the case is after a year of their marriage the appellant started constructing a house for which he demanded the jewels of his wife but the deceased refused to act upon the appellant’s wish. When P.W.1 (deceased mother) went to a private hospital the deceased committed suicide by hanging herself. P.W’1 has heard the loud cry of the appellant/accused calling the name of the deceased. P.w.1 has preferred a complaint. Trial court after considering the prosecution witnesses and the documents convicted the accused/appellant and sentenced him under sections 498A and 304B IPC but acquitted him from the offence u/s 306 IPC. Appeal court (Hon’ble Madras High Court) convinced that requesting his wife to give her jewels is for construction house that too after some years of marriage which is not in connection with the marriage. Further Madras High Court has held that the demand is only for advancing their life and such demand cannot be termed as dowry and set aside the order of conviction. MHC when acquitting the accused/appellant has further held that a moral conviction regarding the guilt of an individual has no place in criminal jurisprudence.