Comments i after the marriage demand for valuable

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COMMENTS (i) After the marriage demand for valuable presents by the husband from the wife's parents and the suicide of the wife by the constant harassment does not amount to dowry death; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273. (ii) Section 304-B is creating a substantive offence and is not merely a provision effecting a change in the procedure for the trail of a pre-existing substantive offence. Section 304-B is prospective in nature, death taking place before section 304-B came into force; Bhoora Singh v. State, 1993 Cri. LJ 2636 All. (iii) Three essential ingredients are to be established before the offences under section 304-B can be made punishable. They are - a. That there is a demand of dowry and harassment by the accused, b. That the deceased had died, c. That the death is under unnatural circumstances. Since there was demand for dowry and harassment and death within 7 years of marriage, the other things automatically follow and offence under section 304-B is proved; Vemuri Venkateshwara Rao v. State of Andhra Pradesh, 1992 Cri. LJ. 563 A.P. See also Shanti v. State of Haryana, 1 (1991) DMC 187 SC.
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(iv) Though the death of the deceased within 7 years of marriage tool place by burns, section 304-B was held not attracted as there was nothing to show that the deceased before her death was subjected to cruelty or harassment for dowry by her husband or relative; Rameshwar v. State of Madhya Pradesh, II (1992) DMC 486 M.P. 498A. [Note: Ins. by Act 46 of 1983, sec.2 (w.e.f. 25.11.1983) Husband or relative of husband of a woman subjecting her to cruelty- Whoever, being the husband or the relatives of the husband of a woman, subject such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation - For the purpose of this section "cruelty" means – a. any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman, or b. harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. COMMENTS (i) In the absence of any specific allegations of cruelty against the petitioners there is no offence under section 498-A. the complainant had also started living with the petitioner thereby condoning the acts of cruelty; Sukhbir Jain v. State, 1994 (1) CC cases 609 (HC) Del. (ii) The husband and in-laws subjected the wife the cruelty for bringing insufficient dowry and finally burnt her down, thereby inviting a sentence of three years rigorous imprisonment and a fine of Rs.500/- for an offence committed under section 498-A of Indian Penal Code; Bhoora Singh v. State, 1993 Cri. LJ 2636 All. (iii) Section 498-a contemplates the offence of subjecting a woman to cruelty by the husband or relatives of the husband. As the applicants are not relatives of the husband rather they are co- villagers consequently summoning them for offence under section 498-A of Indian Penal Code amounts to abuse of process of court; Dukhi Ram v. State of Uttar Pradesh, 1993 Cri. LJ 2539 (All).
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