Hubby guilty if dowry death within 7 years of marriage: SC

If a woman dies in unnatural circumstances at her matrimonial home within seven years of marriage, the husband is presumed to have killed her if he can’t rebut the charge successfully in court. This presumption gains strength if the woman has been harassed over dowry.

In a major ruling that explains the term “presumption”, which in ordinary cases favours the accused, the Supreme Court (SC) has said that section 113B of the Evidence Act just says so. “If it is found that the husband had harassed the woman for dowry, or treated her cruelly, the court shall presume that he had caused her death,’’ the court said.

SC upheld seven years rigorous imprisonment (RI) for Sudhir Kumar for causing the death of his wife Kamlesh Rani within four months of their marriage.

The victim had severe burns when she was found dead at her matrimonial home. The couple had married on July 28, 1989, in Bhatinda, Punjab.

A sessions court sentenced Kumar and his mother Kaushalya Devi to seven years RI under Section 304B(IPC), but acquitted his father Angoori Lal and sisters Neelam Kumari and Urmila Devi.
The Punjab and Haryana high court had acquitted Kaushalya Devi on April 7, 2003, but upheld Kumar’s conviction, after which he appealed in the apex court.

SC said that circumstantial evidence established the husband’s involvement in the death, which occurred within seven years of marriage.