Dowry Death- "Crime Evident Of Heartless Husband's Callous Greed": Allahabad HC Denies Bail To Man Accused Of Burning Wife

The Allahabad High Court recently denied bail to a Husband who has been accused of burning her 22-year-old wife and thereafter, burying her dead body was buried at a secret place in connection with the demand of dowry.

The Bench of Justice Vikas Kunvar Srivastav denied bail to Bablu (husband of the deceased) as the court remarked that the alleged act of husband was evident of callous greed of a heartless husband and self-centered irresponsible father of the infant child.

The case in brief 

The deceased/victim was married to the accused applicant about three years ago from the date of the incident (December 2013) and just after the marriage was solemnized, the in-laws of the deceased, began to insist on additional dowry.

Allegedly, they used to pressurise her to transfer a considerable amount of money from the deposits of her father and since the demand could not be fulfilled by reason of poverty and indigence of father, they severally used to beat the victim.

Lastly, as per the FIR, when they were convinced about the poverty and incapacity of the father to give additional dowry, they all collusively killed her and secretly cremate her body.

An FIR was lodged in the matter by the father of the deceased and the accused-applicant (Husband) was booked under Sections 498-A, 304-B, 201 I.P.C., and Section 3/4 D.P. Act. During the investigation, the dead body was exhumed from the place of burial and an inquest proceeding was done before the witnesses.

Court's observations 

At the outset, the Court noted that the accused-applicant had willingly caused the death of his wife after beating her brutally in connection with the demand of dowry soon before her death as prima facie it was established from the ante mortem injuries found on the dead body.

The Court further noted that the dead body was burnt and buried at a secret place was also prima facie established, and, no information of death was given to the father and other family members of the deceased, which, the Court opined, reflected the criminal mens rea of the accused.

Against these circumstances, the Court opined that these circumstances established that the death of the deceased was a result of planned and premeditated murder.  In the aforesaid circumstances, the Court, before denying bail to the husband, remarked thus:

"...the brutality with wife a 22 years old lady and mother of an one year's infant child in causing her death, beating her cruelly by the present accused applicant 'her husband' is not only grave in nature but heinous also, and is evident of callous greed of a heartless husband and self centered irresponsible father of the infant child. All the witnesses have not been examined as offered by the prosecution in charge sheet and still a material number of witnesses remain to be examined. The cruel nature and instinct of the applicant in case of his release on bail certainly would adversely affect the witnesses."

Lastly, opining that the prosecution had succeeded successfully in prima facie establishing its case against the accused-applicant, who is the main accused of the case, the Court denied him bail.

Case title - Bablu Second Bail Application v. State of U.P.
Case citation: 2022 LiveLaw (AB) 33  

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