04 November 2010

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Legally Now Parents can demand a Capital Punishment in Dowary Death Supreme Court of India gives landmark direction

Legally Now Parents can demand a Capital Punishment in Dowary Death Supreme Court of India gives landmark direction

In following case
Judgment given on OCTOBER 28, 2010

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 1168 OF 2005
SATYA NARAYAN TIWARI @ JOLLY & ANR. Appellant (s)
VERSUS
STATE OF U.P. Respondent(s)

The Supreme Court order says



Bride burning is a crime which deserves the death sentence because of the extreme depravity of mind involved in killing a young woman for the "lust of money", a Bench of Justices Markandeya Katju and Gyan Sudha Misra said in their judgment.

"The hallmark of a healthy society is the respect it shows to its women. Indian society has become a sick society," the court observed, adding that the evidence of this fact lay in the large number of cases coming up in the Supreme Court (and also in almost all courts in the country) in which young women are being killed by their husbands or by their in-laws by pouring kerosene on them and setting them on fire or by hanging/strangulating them.

Bride burning, the court said, is nothing short of murder. It explains that the term "rarest of rare" does not just mean that the act is uncommon, "it means that the act is brutal and barbaric". "And bride killing is certainly barbaric," Justice Katju said in its October 28 judgment.

"We have carefully perused the impugned judgment and order of the High Court and the judgment of the trial court and other evidence on record.
We see no reason to disagree with the judgment and order of the High Court convicting the appellants.
In fact, it was really a case under Section 302 IPC and death sentence should have been imposed in such a case, but since no charge under Section 302 IPC was levelled, we cannot do so, otherwise, such cases of bride burning, in our opinion, fall in the category of rarest of rare cases, and hence deserve death sentence.
Although bride burning or bride hanging cases have become common in our country, in our opinion, the expression "rarest of rare" as referred to in Bachan Singh Vs. State of Punjab, AIR 1980 SC 898 does not mean that the act is uncommon, it means that the act is brutal and barbaric. Bride killing is certainly barbaric.


Thus, if daughter is killed by husband and his family, always remember and see that
Police file the charge sheet or a case under Section 302 (murder) IPC.

Only then you can get death punishment for the killer of your daughter.

Always pay attention under which section of Indian Penal Code case is filed.

Reality Views by sm –
Thursday, November 04, 2010

2 comments:

Neha November 05, 2010  

yeah, I read about it..