# Dev Prasad and others v. The State of U.P. & others

- **Citation:** (2002) 2 ILRA 579
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-07-31
- **Case number:** Civil Misc. Writ Petition No. 4119 of 2002
- **Bench:** M. Katju, K.N. Sinha
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dev-prasad-and-others-v-the-state-of-u-p-others-39857
- **Pages:** 2

## Text

http://www.allahabadhighcourt.nic.in
2 All] Dev Prasad and others V. State of U.P. and others
579
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 31.7.2002

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE K.N. SINHA, J.

Civil Misc. Writ Petition No. 4119 of 2002

Dev Prasad and others
...Petitioner
Versus
The State of U.P. & others ...Respondents

Counsel for the Petitioner:
Sri A.K. Saxena

Counsel for the Respondents:
A.G.A.

Constitution of India, Article 226- writ of
certiorari- for quashing FIR lodged u/s
304 B I.P.C. and 3/4 D.P. Act- court
expressed its great concern that in
simple murder case- death sentence is
inflicted
while
in
dowry
only
Life
Imprisonment given- direction issued for
enactment of death sentence to the
accused of Dowry death accused also- as
a dowry death is much worse offence.

Held- Para 5

We are surprised that while an ordinary
murder can be punished by a death
sentence under section 302 I.P.C. a
dowry death, which is much worse
offence, has a maximum punishment of
life imprisonment. An ordinary murder is
committed in a fit of rage or for a
property, but a dowry death is not just
an ordinary crime, it is a social crime. It
outrages the modern conscience. It
makes the whole of society revert to
feudal barbarism. Hence we recommend
to Parliament to amend the law and
provide for death sentence in dowry
death cases.

(Delivered by Hon'ble M. Katju, J.)

1. Heard learned counsel for the
petitioner
and
learned
Government
counsel.

The offence of dowry death under
section 304 B I.P.C. was only introduced
in the Statute Book in the year 1986.
Before 1986 dowry death cases were very
rare. Now the position has totally
changed. Everyday several cases relating
to dowry death are coming before us,
which shows that this is a social
phenomenon which has spread like cancer
and is making our society barbaric.

2. In our country when a young girl
comes after her marriage to her sasural
she comes into a new environment where
every one is a stranger to her. She leaves
behind all her relations and friends in her
maika and comes to her husband's house
bewildered, diffident and apprehensive.
At that time she needs a lot of love and
affection from her-in-laws who start
demanding more and more dowry and
inflict all types of atrocities on her for this
purpose. The girl's father out of love for
his daughter has to succumb to these
demands, but even then very often the girl
is killed. The reason for this is that very
often the husband or the father of the
husband kills the girls so that the boy may
be married again to some other girl and
the same process may begin again. This
barbaric attitude is only due to the lust for
money, which has spread all over our
society.

3. Hundreds and thousands of young
girls are being killed in this manner, and
this can be seen from the large number of
FIRs under section 304 B IPC which are
filed all over the country.
http://www.allahabadhighcourt.nic.in
 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
580
4. No amount of persuasion will
pursuade stone hearted people to give up
this horrible and barbaric practice, and
only harsh and deterrent measures can
achieve this. Now the time has come
when there should be a large number of
death sentences in such cases and that
alone can create the deterrence for this.

5. We are surprised that while an
ordinary murder can be punished by a
death sentence under section 302 I.P.C., a
dowry death, which is a much worse
offence, has a maximum punishment of
life imprisonment. An ordinary murder is
committed in a fit of rage or for a
property, but a dowry death is not just an
ordinary crime, it is a social crime. It
outrages the modern conscience, it makes
the whole society revert to feudal
barbarism. Hence we recommend to
Parliament to amend the law and provide
for death sentence in dowry death cases.

6. When a woman is given respect
by her husband and in-laws the child of
such a woman when he grows up will
become a fighter against injustice as from
childhood he sees that his mother was
given respect by his father who was
physically the strong person. Hence he
sees justice done in his own home. But
when a woman is oppressed her child sees
injustice, and hence when he grows up he
will become a coward or a bully because
he will think that injustice is the normal
way of life. When a large number of
women are treated like this the whole of
society becomes mentally sick. This is
why this barbaric practice must be
ruthlessly stamped out, by imposing harsh
punishment.

7. Very often in such cases even a
post-mortem is not done as in the present
case. This is evidently to destroy all
evidence in the case. The time has now
come when this court will not tolerate
these practices any more and will adopt
very tough measures. In the present case
the impugned FIR dated 6.4.2002 states
that the first informant's sister Sia Dulari
aged about 23 years was married to one
Chandra Shekhar on 16.5.99. She was
harassed for dowry and ultimately killed
on 6.4.2002 and her body was burnt.

8. This is not a fit case for
interference under Article 226 of the
Constitution. The petition is therefore
dismissed.

9. However, the bail application of
the petitioners will be decided by the
court concerned expeditiously. It is made
clear that any observations made in this
judgement will not influence the trial
court.

10. Let a copy of this order be sent
by the Registrar General of this Court to
the Union Law Secretary, New Delhi and
the Chairman, Law Commission of India,
New Delhi, and the Law Secretary, U.P.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 8.7.2002

BEFORE
THE HON'BLE S.P. MEHROTRA, J.

Civil Misc. Writ Petition No. 21197 of 1987

Kr. Om Autar

...Petitioner
Versus
District Commandant Home Guard and
others

 ...Respondents

Counsel for the Petitioner:
Sri Krishan Mohan Agarwal
Sri Rajendra Kumar