Highly Unlikely That Housewife Would Narrate Her Misfortune To Neighbours: Calcutta HC Upholds Conviction Of Husband For Dowry Death

The Calcutta High Court has recently upheld the conviction of a husband for the commission of the offence of dowry death under Section 304B of the IPC after opining that it is impossible for witnesses such as neighbours to state whether the victim housewife was tortured within the four corners of the matrimonial home or not.

A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi noted from the evidence on record that marks of injury had been found on the body off the deceased and that in addition to the ligature mark, investigating officers had found swelling on the back of the head and bruise marks on the left palm of the deceased.

Acknowledging that it is very unlikely that the deceased would confide in witnesses such as neighbours about the torture that was meted out to her, the Court underscored, 

"These injuries show victim housewife had been subjected to physical assault immediately prior to her death probabilising the saga of torture as narrated by her relations. When a housewife is tortured within four corners of the matrimonial home, persons to whom she would ordinarily confide are her parents and close relations. It is highly unlikely she would narrate her misfortune to outsiders including neighbours. Analysing the evidence on record from this perspective, I am of the opinion evidence of parents and other relations of the victim girl with regard to torture meted out to her over further demand of money are wholly reliable. Evidence of the defence witnesses appear to be tutored. None of the witnesses were privy to the household affairs of the appellants."

Thus, the Court opined that the defence witnesses are untrustworthy and that it is impossible for them to state whether victim housewife was tortured within the four corners of the matrimonial home or not.

It was further noted that the post-mortem doctors had found ligature mark the neck of the victim and had opined death was due to asphyxia arising out of ante mortem hanging. It was also noted that the concerned doctor had found clotted blood and product of conception (gestational sac) in the uterus.

"From these findings it appears that the victim housewife who was pregnant had been subjected to torture over demands of dowry and was brutally assaulted at the matrimonial home prior to her death. Unable to bear such torture, she committed suicide", the Court opined. 

Accordingly, the Court rejected the 'absurd' plea that the victim had committed suicide as she was unhappy with the financial status of her husband and further observed that consistent evidence on record shows that she had been physically and mentally tortured at the matrimonial home over further demands of dowry.

Upholding the order of conviction against the husband, the Court observed, 

 "These circumstances wholly rule out the fanciful plea of suicide by an over-emotional lady who was unhappy with her unsuccessful husband."

The Court however acquitted the mother-in-law and the father-in-law after observing that no specific overt act has been attributed either to the father in law or mother in-law regarding torture on the victim housewife over further demands of dowry.

Case Title: Raju Mitra & Ors v. State of West Bengal

Case Citation: 2022 LiveLaw (Cal) 213 

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