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Supreme Court of India 2022-01-11 partly_allowed

STATE OF MADHYA PRADESH … vs JOGENDRA & ANR. …

Bench: 3 — N. V. Ramana, A. S. Bopanna, Hima Kohli

In Brief

A widow was allegedly subjected to repeated demands of ₹20,000 to ₹50,000 by her husband and father-in-law for constructing a house, harassment she complained about to her maternal uncles during visits home. Unable to meet these demands, she was beaten, expelled from her marital home, and eventually brought back under pressure. Within seven years of marriage, while five months pregnant, she immolated herself. The trial court convicted both men under Sections 304-B (dowry death), 306 (abetment to suicide), and 498-A (cruelty) IPC. The High Court overturned the convictions, holding money for house construction did not amount to dowry. The Supreme Court partly allowed the State's appeal, restoring the convictions under Sections 304-B and 498-A, holding that demanding money for house construction falls within the definition of 'dowry' when made in relation to marriage, and that continuous harassment constitutes cruelty 'soon before' death. The court reduced the sentence from life imprisonment to seven years.

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Dowry Death Criminal Law Evidence Dowry Prohibition Harassment and Cruelty

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