LAWS(RAJ)-1980-3-28

ASHOK KUMAR SHARMA Vs. STATE OF RAJASTHAN

Decided On March 07, 1980
ASHOK KUMAR SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) DOWERY hungry vultures, having failed, in getting T. V. , Frieze, Scooter and coins of Rs. 25,000/- (price for selection as Tehsildar) started teasing, taunting, insulting and creating untolerable torture, resulting in severe mental agoney, apathy for such digraceful beastly life, and nervous break down of an innocent, beautiful educated yet help less newly married girl, who was thus forced to commit suicide by burning herself alivesuch is the tragic, pathetic, harassing, heart breaking, nerve cracking, conscious shocking and society rocking, one line prosecution story of Urmilla the deceased, and crime of abetement of suicide by husband Ashok Kumar and his dowery starving family members. Yet the prayer is for extraordinary, exceptional judicial favour of 'bail without jail' by the alleged 'dowery devils'. Urmila's "death will" is as under (Reproduced from police Diary): ***

(2.) THE case has been registered under section 306 I. P. C. against the petitioners Ashok Kumar, husband of the deceased and Kumari Nirja, sister of Ashok Kumar Sharma in addition to mother-in-law and father-in-law on the allegation that the accused used to torture the deceased Urmila for not having brought sufficient 'dowery'. Thus mental torture of the deceased Urmila as per the prosecution allegation become unbearable and as a result of this she committed suicide, after an oarler attempt to suicide has failed. THE suicide note shows that Urmila earlier tried to committ suicide also by taking certain poision-ous drugs used for killing rats but she was not successful.

(3.) THIS court would not like to make any comment on evidence one way or the other. Mr. Tibrewal's argument may ultimately be found to be correct or may be found to be wrong, but the least that can be said is that an advocate and 2 more persons have prima facie given evidence which found to be true not only but likely to prove fatal against accused on the factor that a constant demand and torture for dowery, as alleged have been made from an educated girl. The resultant repeated attempts for suicide revolts against the social con-cious and also makes it a 'serious social crime' of henious nature. It is not a stray case, as several Urmilas are becoming victims of 'dowery deaths' homicide, or suicide as correctly pointed out by prosecution. THIS is crime against society, against womanhood and above all against poverty. It deserves serious prompt attention by law makers, law interpreters and law enforcement machinery in addition to the social reformers. It is a, 'slur' on society and 'stigma' on present generation A social evil taking away precious lives of newly married girls rarely noticed deserves much more preventive stringent legislation.