medical evidence in dowry death

URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=17435 Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making the women's homes the most dangerous place for them to be.Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. 31.10.2013; AIR 2014 SC 227. As regards the claim for parity of the case of the appellant with his mother and brother who have been acquitted, the High Court has rightly found his case to be distinguishable from the case of his mother and brother. Further, there was no water in her lungs or the windpipe. http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1 As per the medical evidence, the whole body of the woman was burnt and the bones of her skull were broken. John J. Elwell. CII2013/Chapters/5-Crime%20against%20Women.pdf In the case of Deen Dayal v. State of UP 2009, the body of a dead woman was recovered from a well. Thus, there are three occasions related to dowry. [Online] [2015 March 25]. However, with the increasing number of cases of dowry death, the Parliament felt a need for a separate law to deal with the menace. Clearly accurately stablishing the cause and manner of death is crucial to proceeding with a charge of dowry death. Pattanaik, J., R.P. ligature marks, bruises, nail marks or any. P.B. Section 113B states that: “Presumption as to dowry death. The Section 113B, Indian Evidence Act,1872 deals with the dowry death. 2003, where the medical evidence of a woman indicated injuries on her skull and fracture on the right side of her occipital region. We all must have heard many cases related to the death caused to a woman for the demand for dowry. Medical evidence, thus, plays a very crucial role in placing the offenders of dowry death in the right place by shedding light on the actual cause of death. was enacted. Washington law review (Seattle, Wash.: 1962). the Supreme Court observed that even though the Dowry Prohibition Act, 1961 has improved the position of women in the society, it is not enough to control the crime completely. matrimonial home and a child was born to them. Manjunath Gowda & Anr. Available This is an exhaustive article that explains the important role that medical evidence plays in cases of dowry death. ResearchGate has not been able to resolve any citations for this publication. Ref: The essentials of forensic medicine and toxicology by Narayan Reddy, 27th edition, Page 259. This article focuses on the importance of medical evidence for the purpose of prosecuting the offenders of dowry death. Post mortems (PMs) of burns victims help establish whether there were any ante mortem injuries or poisoning, or post mortem burns, and provide some objective evidence to support allegations of dowry death. Forensic medical evidence has proved to be a crucial area in establishing the fact of 'unnatural' death before the Indian courts. Available from: URL:http://www.mahavidya.ca/wp- gold as dowry to be given in two instalments. The family members of the victim, being away from the scene of the crime are not equipped with the evidence that could incriminate the perpetrator apart from the evidence of demand for dowry. Therefore, dowry death is recognized to be one of the crimes committed against women. The Act was constituted for the prohibition of the practice of dowry. Available, 07.01.2009; AIR 2009 SC 1238. This article seeks to look into the offence of marital rape, its impact on the victims, arguments for and against criminalisation and the Indian standpoint. 60, Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Prem Kanwar vs. But this shall not result in injustice towards the victim. [2]. However, the husband pleaded innocence by claiming that she slipped into the well and died as a result of the accident. Doctor Dowry death in UP: SC cancels anticipatory bail of husband doctor family . But strangely enough, the legislators have, Join ResearchGate to discover and stay up-to-date with the latest research from leading experts in, Access scientific knowledge from anywhere. Medical Evidence, Alfred Elwell & Co. 1860. under the criminal law (SecondAmendment) Act, 1983 and by President of India to deal with dowry death cases and of cruelty caused to married women . When the servicemember-slayer's relatives receive the proceeds from the victim-spouse's FSGLI policy, the servicemember-slayer could benefit indirectly from the killing: the servicemember-slayer's family members may use the money to support the slayer, or the slayer may inherit or otherwise control the proceeds. , it was alleged by the father of the woman that she had been burnt and was being harassed for dowry. In the case of Rajeev Kumar v. State of Haryana, 2013, a dying declaration of a woman was recorded in which she told how her husband used to harass her and taunt her for bringing inadequate dowry and how she set herself to fire on getting tired of such conduct. [Online] , a dying declaration of a woman was recorded in which she told how her husband used to harass her and taunt her for bringing inadequate dowry and how she set herself to fire on getting tired of such conduct. 2. However, the medical evidence was saying something else. However, the medical evidence revealed that she died because of a coma resulting from an injury on her head. However, the defence argued that she died due to a snake bite. The custom of presenting gifts from the bride’s side to the groom’s side is deeply rooted in the Hindu culture. As per the medical evidence, the whole body of the woman was burnt and the bones of her skull were broken. Therefore, Section 304B was inserted by the Dowry Prohibition (Amendment) Act, 1986 in order to combat the increasing menace of dowry death. However, if they are in the process of being burnt, then the person is capable of speaking. March 191. Allopathic Medical College, Banda, U.P. Relying on the medical evidence, the court held the accused guilty of dowry death. An evaluation of cases indicates that proper scientific evidence has assisted the courts to establish the cause of deaths, while the absence of it has created a dilemma, leading to the acquittal of the accused. It was opined by the doctor that the woman was killed before she was burnt. from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=334 It was the first of its case. As per the medical experts, the woman had severe red congestion around her neck and her chest had small superficial abrasions. The prosecution argued that she was killed and thrown in the well by her husband for not fulfilling the dowry demands. The court relied on the medical evidence and held the accused guilty of dowry death. Haryana, Criminal Appeal No. It has assumed such a great dimension that there is a need for stringent laws to curb it. Crimes in India 2013, National Crime Records Bureau, Government The Dowry system has existed in India for ages. After her death, the defence argued that she had epilepsy and died due to the injuries sustained by falling from stairs. Medical evidence was presented in the court. Some jurisdictions have extended this rule to disqualify the slayer's exclusive family members from receiving the victim's insurance proceeds as beneficiaries. Therefore, in the case of Paniben v. State of Gujarat 1992, the Supreme Court observed that even though the Dowry Prohibition Act, 1961 has improved the position of women in the society, it is not enough to control the crime completely. Cases of dowry death caused due to Asphyxia, Trimukh Maroti Kirkan v. State of Maharashtra 2006. , a woman was killed by hanging her to death. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, Disability and health laws : where is India lacking, How to prepare for Kerala Judicial Services Examination, Studying factors driving an individual towards the commission of crimes, Everything you need to know about acquaintance rape, The changing contours of accused and victims and legal challenges. State of Maharashtra, Appeal (Crl.) 6. The main reason for death was asphyxia caused by hanging. The death must have been caused within 7 years of the marriage. Murder, as laid down in the Penal Code 1860, is not restricted to, Menace of false rape cases on the pretext of one or other has been rising since the new amendment in rape law in the 2013 in India. In order to establish dowry death, certain conditions have to be fulfilled: Once these essentials are established, then, the accused will be presumed to have committed the crime as per Section 113B of the Indian Evidence Act, 1872. death for bringing an insufficient dowry. The husband and his family members go to the extent of killing the wife if their demands are not met. The husband, on the other side, argued that her larynx and trachea were burnt and thus, she was not in a condition to make any statement. Not only that, but the family members who are the witness of the crime are also reluctant to depose against the perpetrators. [Online] [2015 March 25]. 967 of, A. K. Patnaik, J., Gyan Sudha Misra, J. Rajeev Kumar vs. State of very difficult for the prosecution to lead evidence. Karnataka v. M.V. The killing of women for dowry became so persistent that the Indian legislature enacted stern laws to curb it. This is an exhaustive article that explains the important role that medical evidence plays in cases of dowry death. Another example is the case of Karnataka v. M.V. State of Karnataka vs Date of Judgment: 07.01 Available from: URL:http://judis.nic.in/supremecourt/imgst.aspx? The court, relying on the medical evidence, held the accused guilty of dowry death. Chand vs. State of Haryana, Appeal (Crl.) If the spouse or any of the dependent children covered under the FSGLI dies, the servicemember is the automatic beneficiary. from: Key words: Murder, medical evidence, intention, injuries, and misuse of law for various motives. Manjunath Gowda & Anr. These crimes are generally committed in complete secrecy inside the house and it becomes very difficult for the prosecution to lead evidence. It is in this background presumptive Section 113-B in the Evidence Act has been inserted. Mathur, J., R.V. and also Section 113 B (presumption as to dowry death) have been made part of the Indian Evidence Act (I.E.A.) Such death should have occurred within Seven years of her marriage. 17.12.2013; AIR 2014 SC 907. JUSTICE M.L. Explanation: Inquest should be conducted by a Magistrate or police officer not below the rank of deputy superintendent of police, and autopsy should be carried out by two doctors in case of dowry death, or if the age of the woman is less than 30 years, who dies in suspicious circumstances. However, even after the enactment of the Act, the practise continued in some communities. (abetment of suicide) of the Indian Penal Code, 1860. Not only that, but the family members who are the witness of the crime are also reluctant to depose against the perpetrators. … However, the husband pleaded innocence by claiming that she slipped into the well and died as a result of the accident. There is the Dowry Prohibition Act, 1961 which is enacted, and in addition the laws have been made more stringent namely, Section 304 B (dowry death) and Section 498 A (cruelty by husband or his relatives) have been integrated into the Indian Penal Code (I.P.C.) Available 6. The paper emphasizes on the significance and indispensability of Forensic Medical evidence for the purpose of prosecuting an accused for the offence. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=18717 It has assumed such a great dimension that there is a need for stringent laws to curb it. ), Criminal Procedure Code(Cr.P.C.) | Powered by. 1341 of 2005, Date of Dowry death is defined in Section 304Bof the India… Keeping in view the impediment in the pre-existing law in securing evidence to prove dowry related deaths, legislature thought it wise to insert a provision relating to presumption of dowry death on proof of certain essentials. [Online] [2015 March 25]. Dowry death is the most barbarous form of crime in which a bride or a daughter-in-law loses her life merely because of somebody’s greed and avarice. Burns was the most frequent method of causing dowry-death (82.3%), followed by poisoning (11.8%), and hanging (5.9%). 07.01.2009; AIR 2009 SC 1242. URL: 688-90 of. [Online] [2015 March The harassment must be for or in connection with the demand of dowry. Dowry death is the most barbarous form of crime in which a bride or a daughter-in-law loses her life merely because of somebody’s greed and avarice. Date of Judgment: 28.02.2007; 2007 CriLJ 2812; 2007 (6) KarLJ [Online] [2015 March 25]. 07.01.2009; AIR 2009 SC 1238. Supreme Court judgment dated 11th Oct 2006 held that the demand for dowry or money from the parents of the bride has shown a phenomenal increase in last few years. In cases of dowry deaths and suicides, circumstantial evidence plays an important role and inferences can be drawn on the basis of such evidence. In the case of Prem Kanwar v. State of Rajasthan 2009, it was alleged by the father of the woman that she had been burnt and was being harassed for dowry. The Act was constituted for the prohibition of the practice of dowry. Available The medical reports indicated the main reason for death to be shock and haemorrhage caused due to a head injury. State of Karnataka vs. Chowdegowda, Date of Judgment: 28.02. and Indian Evidence Act (I.E.A.) Tahaliyani . Further, the medical report clarified that the woman had a contusion on the left temporal region with hematoma. 977 Views . of India. A Medico-Legal Treatise on Malpractice and Such evidence, in turn, is reflective of the intent on the part of the accused. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=28109, A Medico-Legal Treatise on Malpractice and Medical Evidence. Many times, if the demands of the husbands and his family members are not met, women are harassed and even killed in many cases. Under section 113B of the Indian Evidence Act the presumption of dowry death arises if the death takes place within seven years of marriage and there's evidence to point out that she was subjected to harassment and cruelty. M Chellur, J., N Ananda, J. PE of Chemical Examiner that death was due to poisoning meaning thereby that her death occurred otherwise than under normal circumstances. This Comment analyzes the continuing validity and scope of the slayer's rule with respect to the FSGLI and identifies examples of how the statute's beneficiary provision leaves open the possibility that the servicemember-slayer could benefit from the killing. Evidence is a very important factor in such cases. It is also obvious from medical evidence coupled with the report Ex. 37, No. In dowry death cases direct ocular testimony is rarely available and in most of such offence direct evidence is hardly available and such cases are usually proved by circumstantial evidence. Dowry Death Inconsistency between Evidence and Statement to Police leads to Acquittal. The facts are as follows: When Mahadevamma married, there was an agreement between the families that an amount of 20000 along with 6 tolas of gold would be given as dowry in two instalments. [Online] 3 ISSN 0971-0973 Review Research Paper Medical Thus, to stop this menace, the Parliament inserted Section 304-B and Section 498-A in the Indian Penal Code, 1860 and Section 113-A and Section 113-B in the Indian Evidence Act, 1872. which was the first penal law to ban this practice. However, even after the enactment of the Act, the practise continued in some communities. , the apex court observed that the demand for money or dowry from the bride and her parents has shown a tremendous increase in the past few years. Judgment: 06.10.1994; AIR 1995 SC 120. from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=334 Section 304B of the Indian Penal Code, 1860 defines dowry death as, “If the death of a woman has been caused due to burns or any bodily injury or otherwise than under natural circumstances within the period of 7 years of her marriage and it is shown that prior to her death she was subjected to harassment by her husband or any of his relative for or in connection with the demand for dowry, then such death shall be called ‘Dowry Death’ and such husband and his relatives shall be deemed to have caused the death”. Dowry death is one of the most heinous forms of crime inflicted on women. from:URL:http://judis.nic.in/supremecourt/imgs1.aspx?filename=411 View medical evidence dowry death.pdf from LAW BA LLLB at Banaras Hindu University,. Deen Dayal vs State of U.P., Criminal Appeal No.67 of, Lokeshwar Singh Panta, J., Aftab Alam, J. Deen Dayal vs. State of Spouses and dependent children of servicemembers may also receive life insurance under the Family Servicemembers' Group Life Insurance Act (FSGLI). [Online] [2015 March 25]. Cases of dowry death and bride burning continued to increase at a tremendous rate. If the woman is being compelled by her husband or his relatives to take any step towards ending her life, then it would also be termed as unnatural death. The prosecution argued that she was killed and thrown in the well by her husband for not fulfilling the dowry demands. However, the modern practice of dowry has no resemblance to its original concept as enshrined in Hindu law. U.P., Criminal Appeal No.67 of 2006, Date of Judgment: responsibility of the forensic medical expert. When the question at issue is whether a person is gui lty of dowry death of a woman and the evidence discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry. However, her husband pleaded that her death was caused due to an accident as she slipped into well while fetching water. The court, relying on the medical evidence, held the accused guilty of dowry death. 25]. Judgment: 06.10.1994; AIR 1995 SC 120. The tremendous increase in the proportions of evil compelled the Indian legislature to enact stern laws to curb it. 9. Medical evidence, thus, plays a very crucial role in placing the offenders of dowry death in the right place by shedding light on the actual cause of death. from: The facts are as follows: When Mahadevamma married, there was an agreement between the families that an amount of 20000 along with 6 tolas of gold would be given as dowry in two instalments. As per the Section, the offenders shall be punished with imprisonment of a minimum of 7 years which could be extended to life imprisonment. However, with the increasing number of cases of dowry death, the Parliament felt a need for a separate law to deal with the menace. Available. The slayer's rule applies to federal group life insurance policies, such as the Servicemembers' Group Life Insurance Act (SGLI), which provides life insurance to servicemembers. Section 304-B of the Indian Penal Code, 1860 is the testimony of the fact. In cases of grave offences committed against women, such as rape, murder and dowry burning, the role of medical evidence becomes crucial. This is when medical evidence proves to be fruitful. The practice which was mainly voluntary has now become a demand from the groom’s side. The word dowry death has been defined in 304B Indian Penal Code and the term dowry has been defined in Section 2 of the Dowry Prohibition Act 1961. Bombay High Court . As has been emphasized in the above-mentioned cases, it was due to medical evidence that the offenders of the … , the body of a dead woman was recovered from a well. Ray, J., K. Jayachandra Reddy, J. Hem. In the case of Trimukh Maroti Kirkan v. State of Maharashtra 2006, the apex court observed that the demand for money or dowry from the bride and her parents has shown a tremendous increase in the past few years. Since time immemorial we have seen so many offences against women, where they are tortured and one such offence is dowry death. Medical Evidence, Alfred Elwell & Co. 1860. Coupled with the information on torture and harassment which the woman was subjected to before her death, the court held that the husband guilty for dowry death as per Section 304B of the IPC. Many times cases of dowry death are presented as a case of accidental death which results in acquittal of the accused. 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