Failure to lodge FIR complaining dowry demand and harassment soon before death of victim, not conclusive of non-commission of those offences
It is often seen that in rural areas where the bride groom’s family is well known to the family of the bride earlier to their marriage settlement, the bride and her parents do not agitate some problem and issues occurred between them with family of bride groom after her marriage as they believe that due to lapse of time the problem whether it is related to demand of dowry or otherwise, may be subsided or pacified in future. Parents of brides do not want to interfere in such disputes. The poor and helpless father of the bride used to prefer to remain as a silent spectator in such disputes and avoid to complain to police authorities because he believes that such a step may deteriorate the relationship of his daughter with her husband and in-laws. Failure to take any legal step, to lodge FIR in such disputes against the in-laws of the deceased does not mean that neither dowry was demanded nor harassment or cruelty was committed to the deceased soon before her death.
The husband and his family used to harass and torture victim and had forcibly taken her all the jewellery. The victim aged about 22 years, died due to burning as her husband set her on fire. Father of victim stated that his son-in-law used to harass and torture his daughter by demanding Rs.20,000/- and one motorcycle as a dowry. He further stated that since he could not succeed to fulfill the said demand of dowry, his son-in-law had snatched the ornaments of his daughter and used to beat her. His daughter was killed by setting her on fire in her matrimonial house within three years of her marriage. His daughter was not happy and after one year of her marriage son-in-law had asked him for dowry when he had gone to his daughter's matrimonial house to take her back (Bidai). Brother of victim has also stated the fact of aforesaid demand of dowry as stated by father. It is clear that accused husband continuously demanding Rs.20,000/- and one motorcycle as a dowry from his wife as well as her father and due to its non-fulfillment he used to torture and harass her soon before her death.
Most of the cases of dowry death are caused inside the house of the accused persons and all the relevant facts as well as incriminating evidence are only in the knowledge of the accused persons but they do not come forward to disclose the fact, happened to the deceased soon before her death. So the prosecution cannot be blamed to produce such evidence which is not in the possession and knowledge of prosecution witnesses.
