The case of a husband in a dowry death case "stand on different footing" as his responsibility towards the wife is "qualitatively different and higher" in relation to other relatives, the Supreme Court has said.
A three-judge bench headed by Justice T S Thakur, upholding the conviction and seven years jail term of a man in a dowry death case, said "one cannot lose sight of the fact that unfortunately the menace of dowry deaths still exists in our society and has been subject of expert studies."
It rejected the plea of the husband that he be also acquitted like co-accused his mother and brother on the ground of "parity".
Terming that the case of the husband was "distinguishable" from that of other relatives, it said "the husband is not only primarily responsible for safety of his wife, he is expected to be conversant with her state of mind more than any other relative.
"If the wife commits suicide by setting herself on fire, preceeded by dissatisfaction of the husband and his family from the dowry, the interference of harassment against the husband may be patent. Responsibility of the husband towards his wife is qualitatively different and higher as against his other relatives."
"Case of the husband stands on different footing," the bench said, upholding the conviction of one Naresh Kumar whose wife set herself on fire on May 1, 2001 in Haryana within a year of their marriage after being harassed for bringing less dowry.
The bench, also comprising justices Adarsh Kumar Goel and R Banumathi, lent credence to the suicide note of the victim and said that "the tenor of the suicide note" clearly showed that the deceased was in helpless condition and had found no other way to come out of the situation.
"The suicide note cannot be taken to be encyclopedia of the entire situation in which the deceased was placed. It is not possible to infer from the said note that the deceased was happy in her matrimonial home," it said.
