The observations came while remitting a case to the trial court for a fresh decision on whether the husband can be convicted for the dowry death of his late wife.
A trial court had in 2004 acquitted the husband and his family booked for murder, cruelty, causing dowry death and the disappearance of evidence.
The Karnataka High Court had in 2010 upheld the same but convicted the husband for cruelty/domestic violence to his wife, leading to the instant appeal by the State before the apex court.
The top court held that all the ingredients for framing of charges for dowry death existed.
“Quite mindlessly, an exercise appears to have been undertaken to nail the respondents for committing offence punishable under section 302 [murder], IPC overlooking the contents of the police report under section 173(2), Cr. PC suggesting suicidal death,” the Court said.
However, it reasoned that the husband needs an opportunity of a fair trial with due process so as to rebut the presumption of guilt against him in the matter.
The appeal was, thus, allowed and the trial court was directed take the case to its logical conclusion in accordance with law, and arrive at a fresh decision with respect to the accused-husband.
Source: Barandbench
