New Delhi: An electrician has been awarded rigorous jail term for two-and-a-half years by a Delhi court for injuring his wife with a screw driver and subjecting her to cruelty for bringing insufficient dowry, but absolved him of dowry death charge.
District Judge Talwant Singh said "in view of the facts and circumstances of the present case, convict Dev Kumar is awarded rigorous imprisonment for a period of two years and six months and fine of Rs 10,000 for offence punishable under section 498A (cruelty) of IPC."
The court relied on the statements of witnesses and said Kumar had started harassing his wife Manju for bringing insufficient dowry just a year after their marriage in 2006.
Referring to incidents of cruelty meted out to Manju, including injuring her with a screw driver, and demands for Rs 50,000 cash and a motorcycle, the judge said "I, therefore, hold that prosecution has been able to prove its case against the accused under Section 498A of IPC.
Accordingly, accused Dev Kumar is convicted under section 498A of IPC."
Regarding the charge of dowry death, the court referred to the photographs of the incident site and investigation carried out by the electricity department, and said "it was an accidental death due to electric shock as proved on record."
The judge said the evidence brought on record clearly proved that the deceased had died within seven years of her marriage and it was not a natural death but ruled out the possibility of suicidal death.
While acquitting Kumar of the offence under Section 304?B (dowry death) of IPC, the court said prosecution has not been able to prove its case against the accused.
During trial, Kumar had pleaded innocence and claimed he was away from his home on work at the time of incident. He further said his wife died due to accident caused by electric shock and denied demanding dowry or causing harassment or cruelty to her.
Parents and relatives of Kumar's wife had alleged that he had electrocuted her and subjected her to cruelty for bringing insufficient dowry.