Thane Court freed the husband, his mother and sister from the dowry death and harassment charges, but such allegation was not observed in the dying declaration of the deceased. The deceased family alleged husband and his relatives for the death of deceased due to dowry harassment.
The Thane District and Additional Sessions Judge S. A. Sinha in the matter of State of Maharashtra Vs Balu Rambhau Gaikwad, acquitted the husband, his mother and his sister, saying “prosecution miserably failed to prove the alleged offence against the accused”.
The deceased marriage was performed with accused no.1 Balu Rambhau Gaikwad on Apr 26, 2012 as per Hindu Rites and Rituals, and soon after the marriage, she went at the house of accused for cohabitation and started residing at Thane.
The prosecution alleged that three months back of the incident, the accused wanted to buy a small hut in Kalva area and for that they were demanding rupees two lakh from her. It was also alleged that a meeting was held at her sister-in-law residence where the accused were demanding the money. Then the mother of deceased agreed to fulfil the demand of accused by selling the agriculture land.
The said incident took place on Sep 1, 2014 and the husband immediately informed the incident to the mother of deceased. On Sep 1, 2014 deceased dying declaration was recorded before the Medical Officer. Wherein she has clearly mentioned that:
“due to ablaze of fire of stove she sustained burn injuries and her husband brought her in the hospital for medical treatment and he is taking care of her..During recording her dying declaration she has not mentioned any single word whether accused demanded any dowry amount from her, whether they tortured her mentally as well as physically. She has not made any allegation against the accused.”
The court also recorded that, “after the information to the deceased family, never come to meet her in the hospital”. Later on Sep 8, 2014, the husband informed to the deceased family about her death.
Then after the death, the mother came to the hospital on next day and filed a complaint on Sep 10, 2014 against the husband, his mother and his sister. The court observed here the delay of 10 days in filing the complaint.
The prosecution sated, that the family had not enough money to rush to the hospital from Buldhana district to Thane and when she reached to the hospital, observed burn injuries on various part of her daughter including hands, chest and stomach.
In the Postmortem report with the cause of death certificate filed on record to the court in which it has been mentioned that:
“death caused due to shock due to 37% superficial to deep infected burns (unnatural). Considering the said cause of death, I would like to decide this issue that whether said death is accidental or suicidal with the another points together by considering the evidence on record.”
The Ld. Advocate of accused argued that, as the prosecution has alleged the accused of dowry harassment, “it was necessary for them that immediately after hearing the news of burning they rushed to the hospital and to file a complaint against the accused. But, unfortunately it was not happened”.
The court also found that the prosecution has also failed to provide any documentary evidence of the land on her name, of which she had agreed to fulfil the demand of accused after selling the land.
The Court after considering the dying declaration , postmortem report, and series of events said that “considering the above said discussion and finding on the points, accused are entitled for acquittal“.
The court also said that “I am of the view that prosecution miserably failed to prove the alleged offence against the accused”.
