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LATEST NEWS UPDATES | Add Section 302 in dowry death cases, trial courts told by J Venkatesan

Add Section 302 in dowry death cases, trial courts told by J Venkatesan

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published Published on Nov 24, 2010   modified Modified on Nov 24, 2010

Observing that killing a six months pregnant wife is the most heinous and barbaric crime warranting the death penalty, the Supreme Court has issued notice to the husband, who was awarded 10-year rigorous imprisonment why it should not be enhanced. A Bench of Justices Markandey Katju and Gyan Sudha Misra also issued notice to Haryana on the appellant's 80-year-old mother, who was sentenced to two-year imprisonment. The Bench, however, granted her bail.

. The Bench directed all trial courts to ordinarily add Section 302 (murder) to the charge under Section 304B (dowry death) of the Indian Penal Code so that death sentences could be imposed in such heinous and barbaric crimes against women. It ordered that a copy of this order be sent to Registrars-General/Registrars of all High Courts for circulation to all trial courts.

The prosecution case was that Rajbir murdered Sunita, after his dowry demand was met, barely six months after their marriage. He was awarded life sentence by the trial court but on appeal the Punjab and Haryana High Court reduced it to 10-year RI. His mother was awarded two-year imprisonment. The present appeal is directed against this judgment.

The Bench said: “We fail to see why the High Court has reduced the sentence of Rajbir. It appears to be a case of barbaric and brutal murder. This is borne out by her [Sunita's] injuries. Cause of death, in our opinion, was smothering and throttling which was ante-mortem in nature and was sufficient to cause death in the ordinary course of nature."

The Bench pointed that it had made it clear in a recent judgment that the Supreme Court was going to take a serious view of crimes against women and give harsh punishment.

As for Rajbir's mother, it said notice was being given to the State in view of her age.


The Hindu, 24 November, 2010, http://www.thehindu.com/todays-paper/tp-national/article908268.ece


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