The Calcutta High Court has reduced the sentence of a man convicted of driving his wife and minor daughter to suicide from life imprisonment to 10 years of rigorous imprisonment, noting that suicides resulting from dowry abuse are not uncommon.
A division bench of Justices Arijit Banerjee and Apurba Sinha Ray also acquitted the man’s parents, who had previously been sentenced to seven years in prison, citing a lack of decisive evidence regarding their active involvement in the crime.
Pressure Over Ancestral Property Deemed Dowry Demand
The court upheld the conviction of the husband, ruling that pressuring a wife to demand her share of ancestral property falls under the legal definition of a dowry demand. The bench agreed with the trial court’s finding that the victim faced continuous pressure from her husband to claim her share of her family’s property.
According to the judgment, the woman’s suicide note clearly indicated a passive threat from her husband, who suggested he would remarry if his financial demands were not met. The bench observed that the intense pressure created by the husband left the victim with no option but to end her life along with her minor child.
Suicide Note and Relative Testimony Upheld
The defense, led by advocates Avishek Sinha and Madhusree Banerjee, argued that there were no independent witnesses to the alleged demands. However, the High Court ruled that testimonies from the victim’s relatives, combined with the details in her suicide note, provided sufficient proof of severe marital discord caused by the husband’s actions.
The court also dismissed defense arguments regarding a two-day delay in filing the First Information Report (FIR). The bench noted that the tragic incident had left the victim’s family shocked and speechless, making a brief delay to seek legal advice a natural and reasonable response under the circumstances.
Background of the Case
The victim married the convict in 2010, and the couple had one child. The victim’s brother was informed of her death on June 23, 2014, and discovered upon arriving at her home that she had killed herself and their child.
Public Prosecutor Debasish Roy, appearing alongside advocates Sreyashee Biswas and Nandini Chatterjee, argued that the initial convictions were justified, asserting that dowry demands can take multiple forms, including pressuring a spouse for property.
In reducing the husband’s sentence while keeping his fine intact, the High Court cited the legal precedent established in the Hari Om case.
