Trimukh Maroti Kirkan v. State of Maharashtra. 80, State of Maharashtra, Appeal (Crl.) The decision of the Supreme Court in Govindswamy murder case has sent shockwaves across the nation. Key words: Murder, medical evidence, intention, injuries, and misuse of law for various motives. Washington law review (Seattle, Wash.: 1962). The paper emphasizes on the significance and indispensability of Forensic Medical evidence for the purpose of prosecuting an accused for the offence. Further, the medical report clarified that the woman had a contusion on the left temporal region with hematoma. Date of Judgment: 28.02.2007; 2007 CriLJ 2812; 2007 (6) KarLJ However, her husband pleaded that her death was caused due to an accident as she slipped into well while fetching water. PE of Chemical Examiner that death was due to poisoning meaning thereby that her death occurred otherwise than under normal circumstances. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=28109, A Medico-Legal Treatise on Malpractice and Medical Evidence. The death must have been caused within 7 years of the marriage. Amarpal Dhillon, The Origins of the Hindu Dowry Tradition. Available ResearchGate has not been able to resolve any citations for this publication. © 2008-2020 ResearchGate GmbH. Sawant, J., G.N. and Indian Evidence Act (I.E.A.) Further, there was no water in her lungs or the windpipe. 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. However, the defence argued that she died due to a snake bite. Available Another example is the case of Karnataka v. M.V. Before the enactment of Section 304-B, the cases of dowry death were dealt with under Section 302 (murder) and Section 306 (abetment of suicide) of the Indian Penal Code, 1860. In the case of Deen Dayal v. State of UP 2009, the body of a dead woman was recovered from a well. 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. Section 113B of Indian Evidence Act: Presumption as to dowry death— When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused such dowry death. 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. It was the first of its case. http://ncrb.gov.in/CD- from: However, even after the enactment of the Act, the practise continued in some communities. Sema, J. 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. The medical reports play a crucial role in establishing that death has been caused due to ‘unnatural’ circumstances which are an essential element of dowry death. Available 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. State of Punjab & Ors., Appeal (Crl.) 432&context=sulr Available from: ligature marks, bruises, nail marks or any. 17:637. Available Section 304B: Where the death of women is caused by any burns or bodily injury or any other circumstances within seven years and it is done by her husband or in-laws for dowry, the husband or relative shall be deemed to have caused for death and shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. In order To seek conviction under section 304B, Indian Penal Code against a person for the offence of dowry death, the prosecution is obliged to prove that: The death of a woman was caused by burns or bodily injury or had occurred otherwise then under normal circumstances. Available from: URL: http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1 432&context=sulr 3. By Sanchari Chattopadhyay Published On 2020-12-21T09:30:15+05:30 | Updated On 2020-12-21T18:10:37+05:30. In cases related to dowry death there can be various forms of evidence, e.g. Cases are frequently coming before the Courts, where the husband or in-laws have gone to the extent of killing the bride if the demand is not met. 2003, where the medical evidence of a woman indicated injuries on her skull and fracture on the right side of her occipital region. 977 Views . P.B. 07.01.2009; AIR 2009 SC 1242. This Comment also addresses the policy concerns courts consider in determining whether to impose a bright-line, extended rule disqualifying the slayer's exclusive relatives. If there are no children, the policy then goes to the servicemember's parents. 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. The practice which was mainly voluntary has now become a demand from the groom’s side. In cases of grave offences committed against women, such as rape, murder and dowry burning, the role of medical evidence becomes crucial. Dowry Death Inconsistency between Evidence and Statement to Police leads to Acquittal. 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. However, accidental death or natural death caused due to any illness would not fall within the ambit of this provision. matrimonial home and a child was born to them. However, there was no evidence that, soon before her death, she was subjected to any cruelty or harassment by the husband or any of his relatives for any demand for dowry. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. , the body of a dead woman was recovered from a well. Govt. Forensic medical evidence has proved to be a crucial area in establishing the fact of 'unnatural' death before the Indian courts. It has assumed such a great dimension that there is a need for stringent laws to curb it. 688-90 of 1993, Date of URL:http://judis.nic.in/supremecourt/imgst.aspx?file, 07.01.2009; AIR 2009 SC 1242. 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. Dowry is one such evil practice that has been taking the lives of innocent women for ages. 3 ISSN 0971-0973 Review Research Paper Medical State of Rajasthan, Appeal (Crl.) Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. Prem Kanwar vs. http://judis.nic.in/supremecourt/imgst.aspx?file. 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. Raveendran, J. Trimukh Maroti Kirkan vs. © Copyright 2016, All Rights Reserved. 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. March Finally, this Comment argues that absent explicit legislative intent to abrogate the slayer's rule, courts should strictly construe the FSGLI to preserve the rule and to disqualify the servicemember's exclusive family members when the servicemember is the slayer. The killing of women for dowry became so persistent that the Indian legislature enacted stern laws to curb it. was accordingly cured by the amendments of, connection with marriage’ and the words ‘any, cruelty as cognizable and non-bailable off, 304B IPC the prosecution is obliged to prove, subjected the deceased wife to cruelty before, or bodily injury or had occurred oth, (e) Such cruelty or harassment was for or. Chand vs. State of Haryana, Appeal (Crl.) However, the husband pleaded innocence by claiming that she slipped into the well and died as a result of the accident. 4. Pattanaik, J., R.P. [Online] [2015 March 25]. It was opined by the doctor that the woman was killed before she was burnt. But this shall not result in injustice towards the victim. This article is written by Kritika Garg from National Law University Odisha. A news item published on you tube website is an eye opener, it reads as “25 false rape cases in Punjab within a week after Delhi Gang rape case...Actually the women was in jail accused for giving a HIV injection to a child with a man.....the youth didn't get bail but this women got bail for such a heinous crime because she was a women.....There has been a sudden and bound to happen hike in registering of false rape cases with sensitizing of police for rape cases after Delhi Gang rape case of 16 December 2012 ....But now after many strict laws implemented and making of strict laws against rape I welcome that but be prepared for such false cases against you and prepare to go behind bars for nothing after a bad Dowry law and new tool and is being made for women to misuse against innocent men .....I am not against these strict for women laws but if such is the implementation then the situation is alarming.......!!!!”. July-Septembe. 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 . 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. Available, 07.01.2009; AIR 2009 SC 1238. Ref: The essentials of forensic medicine and toxicology by Narayan Reddy, 27th edition, Page 259. Tahaliyani . Available 25]. View medical evidence dowry death.pdf from LAW BA LLLB at Banaras Hindu University,. Haryana, Criminal Appeal No. Journal of Indian Academy of Forensic Medicine, Study of medical negligence cases decided by Consumer Court (NCDRC/SCDRC/DCDRC) in India, Study of medical negligence cases decided by NCDRC in India, Study of Medical Negligence cases decided by DCDRC/SCDRC, Haryana, Study of Medical Negligence cases decided by DCDRC/SCDRC, State of West Bengal. It has assumed such a great dimension that there is a need for stringent laws to curb it. You can click on this link and join: https://t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA. The medical reports indicated the main reason for death to be shock and haemorrhage caused due to a head injury. 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. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=18717 However, if they are in the process of being burnt, then the person is capable of speaking. The husband and his family members go to the extent of killing the wife if their demands are not met. The woman must have been harassed by her husband or his relatives soon before the death. 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. 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. 690 of 1994, Date of However, with the increasing number of cases of dowry death, the Parliament felt a need for a separate law to deal with the menace. Thus, to stop this menace, the Parliament inserted Section 304-B and, Before the enactment of Section 304-B, the cases of dowry death were dealt with under. found that the larynx and trachea were charred. In the case of Trimukh Maroti Kirkan v. State of Maharashtra 2006, a woman was killed by hanging her to death. He found no water in the lungs or the wind pipe. Judgment: 06.10.1994; AIR 1995 SC 120. This is an exhaustive article that explains the important role that medical evidence plays in cases of dowry death. Relying on the medical evidence, the court held the accused guilty of dowry death. Therefore, medical evidence ensures that justice is delivered. 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. State of Karnataka vs. Chowdegowda, [2015 from: Over the years, it assumed dangerous proportions calling for immediate legislative changes. [Online] [2015 March 25]. July-September 2015, Vol. Cases of dowry death and bride burning continued to increase at a tremendous rate. The medical evidence clarified that she died due to asphyxia caused by compression of the neck and not by snakebite since there was no evidence of poison in her body. Karnataka v. M.V. A Medico-Legal Treatise on Malpractice and Section 304-B of Indian Penal Code, 1860 defines “Dowry Death” and it states that if the death of a woman is caused under 7 years of her marriage under normal circumstances, and if there is enough evidence to prove that woman was subjected to some kind of cruelty or harassment by her husband or any of his relatives while demanding dowry, such death would come under the category of … State of Maharashtra, Appeal (Crl.) Abstract Dowry Death has been one of the most barbaric forms of cruelty inflicted on young brides in the matrimonial home. While some have lauded the judgment, other scholars have condemned it on account of misinterpretation of the law on the subject. Available It was opined by the doctor that the woman was killed before she was burnt. However, the defence argued that she died due to a snake bite. Evaluating the Law of Murder in Light of Soumya Judgment: A Medico-Legal Perspective, Editorial: Rising Menace of False Rape Cases in India Problems and Solutions. [Online] [2015 March 25]. The medical experts opined that such kind of injury cannot be caused by falling into the well with water in it. Many times, if the demands of the husbands and his family members are not met, women are harassed and even killed in many cases. Her thyroid cartilage was broken and the brain matter was shrunken. Medical evidence may be able to ascertain the cause of death but it is not possible to pinpoint with precision, the exact means by … Manjunath Gowda & Anr. How to appreciate evidence in case of Dowry death? from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=195 However, even after the enactment of the Act, the practise continued in some communities. If the servicemember is disqualified by the slayer's rule from receiving the benefits and has not designated a beneficiary, the statute provides an order of precedence for determining designation by law: the policy goes first to the widow or widower, and then to the children. Manjunathegowda & Anr., Appeal (Crl.) Unfortunately, the court overlooked the medical evidence in the instant case thereby making way for the accused to escape liability for murder, in a gory incident that snuffed the life of a young energetic woman. [Online] [2015 March 25]. from: The fact is evident from the study of court judgments delivered by the fast track courts constituted across the country including Delhi and news items appearing in the media. The IndianPenal Code (I.P.C. 3. 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. , it was alleged by the father of the woman that she had been burnt and was being harassed for dowry. The prosecution argued that she was killed and thrown in the well by her husband for not fulfilling the dowry demands. 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.) Deen Dayal vs State of U.P., Criminal Appeal No.67 of, Lokeshwar Singh Panta, J., Aftab Alam, J. Deen Dayal vs. State of 688-90 of. Sabharwal, J., H.K. Dowry death is defined in Section 304Bof the India… 967 of, A. K. Patnaik, J., Gyan Sudha Misra, J. Rajeev Kumar vs. State of Forensic medical evidence has proved to be a crucial area in establishing the fact of 'unnatural' death before the Indian courts. 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”. The Act was constituted for the prohibition of the practice of dowry. from:URL:http://judis.nic.in/supremecourt/imgs1.aspx?filename=411 The present paper analyses the judgment on the basis of legal principles and forensic evidence. Bombay High Court . 8. Consumer perception about medical fraternity and health care alo, To get insight into areas of deficiency in service in quality of healthcare in the State of Haryana, India, To get insight into areas of deficiency in service in quality of healthcare in the State of West Bengal, India, The "slayer's rule"—a common law doctrine—precludes a murderer from financially benefiting from the victim's death by denying him or her the right to proceeds from the victim's life insurance policy. 967 of 2005, Date of Judgment: State of Karnataka vs. Chowdegowda, Date of Judgment: 28.02. State of Karnataka vs Date of Judgment: 07.01 Available from: URL:http://judis.nic.in/supremecourt/imgst.aspx? Medical evidence plays a crucial role in assisting the courts to establish the cause of deaths, especially in cases when the crime is committed secretly within the four walls of the house and is presented as a case of accidental death. Dowry, Medical Evidence, Death, Forensic E, -laws have gone to the extent of killing the, Crimes in India 2013, National Crime Records, P.B. 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. content/uploads/2008/06/dhillon-amarpal-dowry.pdf It is in this background presumptive Section 113-B in the Evidence Act has been inserted. Doctor Dowry death in UP: SC cancels anticipatory bail of husband doctor family . The manner of death was suicide in 70.6% and homicide in 29.4% of the cases. Circumstantial Evidence and Dowry Death . of Bihar, Criminal Appeal No.1613 of 2008, Date of Judgment: Additionally, all the presents that are given to the bride by her family, friends, or relatives are termed as ‘Stridhan’ which is considered to be her separate property. 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. 46, Kans Raj vs. State of Punjab & Ors., Appeal (Crl.) 967 of 2005, Date of Judgment: from:URL:http://judis.nic.in/supremecourt/imgs1.aspx. The harassment must be for or in connection with the demand of dowry. After her death, the defence argued that she had epilepsy and died due to the injuries sustained by falling from stairs. 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. 1341 of 2005, Date of Judgment: 11.10, G.P. The tremendous increase in the proportions of evil compelled the Indian legislature to enact stern laws to curb it. The main reason for death was asphyxia caused by hanging. However, unfortunately in many situations accurate histories are not available, or the bodies have been disposed of without a medical examination, particularly in isolated rural areas. [2]. Women are not only killed or forced to commit suicide but the facts of their death are misrepresented in such a way that the offenders get acquitted instead of getting punished. Medical Evidence, Alfred Elwell & Co. 1860. 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. 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 the absence of clear medical evidence about the classification of death, establishing whether death was accidental or intentional becomes the responsibility of the police. Y.K. 63, Insight into medical negligence cases which are decided by NCDRC will give solutions for prevention of medical negligence in future. 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. 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. 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. As per the definition of ‘dowry death’ in Section 304-B, IPC and the wording in the presumptive Section 113-B of the Evidence Act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been “soon before her death” subjected to cruelty or harassment “for or in connection with the demand of dowry”. 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. of India. The degree of intent conceived in the two clauses is distinct and it if for the court to comprehend the same on the basis of evidences. Sawant, J., G.N. The Act was constituted for the prohibition of the practice of dowry. M Chellur, J., N Ananda, J. Available The Origins of the Available from: URL:http://www.mahavidya.ca/wp- content/uploads. 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. and also Section 113 B (presumption as to dowry death) have been made part of the Indian Evidence Act (I.E.A.) All rights reserved. What updates do you want to see in this article? 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. Judgment: 26.04.2000; AIR 2000 SC 2324. After marriage, she was continuously demanded money by her in-laws. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. The severity of crime and the effect of this cruelty acquires an increased intensity in the case of a woman who is raped by her spouse. Section 304-B of the Indian Penal Code, 1860 is the testimony of the fact. http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1 The first step against dowry was taken in 1961 when the. The husband and his family members go to the extent of killing the wife if their demands are not met. URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=17435 Supreme Court judgment dated 11th from:URL:http://judis.nic.in/supremecourt/imgst.aspx?filename=334 Forensic science forms a significant part of the evidence to establish the nature of the injuries perpetrated by the accused and the probable impact of them on the victim. Thus, there are three occasions related to dowry. Some jurisdictions have extended this rule to disqualify the slayer's exclusive family members from receiving the victim's insurance proceeds as beneficiaries. Crimes in India 2013, National Crime Records Bureau, Government gold as dowry to be given in two instalments. 37, No. Section 113B states that: “Presumption as to dowry death. "Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment of life." , 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. 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. 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. 2003. , where the medical evidence of a woman indicated injuries on her skull and fracture on the right side of her occipital region. URL: 9. 07.01.2009; AIR 2009 SC 1238. J Indian Acad Forensic Med. 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. ), Criminal Procedure Code(Cr.P.C.) a letter by the deceased to her parents explaining her plight and torture by the family members of her husband or it can be communicated through any other means. Not only that, but the family members who are the witness of the crime are also reluctant to depose against the perpetrators. The medical evidence clarified that she died due to asphyxia caused by compression of the neck and not by snakebite since there was no evidence of poison in her body. As has been emphasized in the above-mentioned cases, it was due to medical evidence that the offenders of the crime were convicted who might have gone undiscovered. Satvir Singh v. 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