RAGHUBIRI DEVI Vs. STATE

JUDGEMENT

(1.) Whenever a case relating to unnatural death of a young bride within seven years of marriage is reported, it causes ripples not only in the pool of the conscience of the society at large but also throws an open challenge to the judicial system to speak deterrent language so that confidence of common man in the efficacy of law is not undermined. Such type of barbaric crimes against the bride by the husband or in-laws are a slur on the face of humanity in any civilized society.

(2.) However, experience shows, of which we cannot lose sight of, that there is a growing tendency to give such death, colour of 'murder' or 'dowry death', even though the death may be accidental. There is no dearth of cases when on death of a bride in matrimonial home, taking advantage of stringent legal provisions applicable to cases of cruelty and dowry death, every effort is made by the family of the deceased bride to rope in not only the husband but his entire family including minor/young school-college going unmarried 'devar' and 'nanad'. Stories are concocted in such a manner that even bail eludes.

(3.) Misuse of provisions relating to matrimonial offence has been a matter of concern for all concerned. The Apex Court had an occasion to consider the repercussion of misuse of law to unleash harassment on the husband and his family in the case of Sushil Kumar vs. Union of India (UOI) & Ors., 2005 AIR(SC) 3100 wherein the constitutional validity of Section 498-A IPC was challenged. In the alternative, prayer was made to formulate guidelines so that innocent persons are not victimized by unscrupulous persons making false accusations. In para 18 of the report, while declaring the provisions to be intra vires, how such cases need to be handled by the investigating agencies and the Court within the legal framework, has been expressed in the following words :-