Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2002
  6. /
  7. January

Vinod Kumar Jain vs State Of Uttar Pradesh And Ors.

High Court Of Judicature at Allahabad|26 August, 2002

JUDGMENT / ORDER

JUDGMENT M. Katju, J.
1. This writ petition had been filed with the prayer for quashing the First Information Report dated 15.7.2002, Annexure 1 to the petition Under Sections 498A/223/506/307, I.P.C. (which was subsequently converted to Section 302, I.P.C.) of Police Station New Mandi, District Muzaffarnagar. The First Information Report has been filed by Hari Om Agarwal, father of the deceased Smt. Anita @ Anju.
2. In the First Information Report it is mentioned that the first informant had given a lot of dowry on his daughter's marriage. On several occasions Smt. Anita was harassed by her in-laws who demanded more dowry and often beat her and gave her tortures. Smt. Anita has two daughters and had no son and this was another reason why she was abused by her mother-in-law. On 14.7.2002 at about 4.00 p.m. Smt. Anita informed her father that her husband Vinod Jain, husband's brother Rajneesh Jain and mother-in-law Javitri Devi had beaten Smt. Anita and demanded Rs. 50,000/- as dowry failing which she would be killed. The first informant collected some money and reached the house of his son-in-law where he met his daughter's husband and mother-in-law. When the first informant enquired about his daughter they were at first reluctant to inform him, but thereafter informed that she was burnt and was in Meerut Bharat Hospital. The informant reached the hospital where he was told that she had been taken to Safdarjang Hospital, Delhi. Then the first informant reached Safdarjang Hospital and found she was in the Intensive Care Unit. She was conscious at that time and on seeing him she told him that he had reached too late because on the evening on 14.7.2002 she was caught by her mother-in-law and her husband Vinod Jain poured some inflammable liquid on top of her from a canister and her brother-in-law applied a lighted match and Smt. Anita was burnt. It appears that subsequently Anita died.
3. In our opinion the allegations in the First Information Report prima facie make out an offence against the petitioner. In fact if the petitioner and his relatives are found guilty in the trial they should certainly be given death sentence treating it as the rarest of the rare cases and no indulgence should be granted to such barbaric acts.
4. Crimes against women have shot up in our country and time has come when they must be dealt with an iron hand. The crimes of the nature mentioned in the first information are not ordinary crimes committed in a fit of anger or for property. They are social crimes and they tend to disrupt the entire social fabric. They outrage the modesty, conscience, and the whole society reverts to feudal barbarism. Hence much harsher punishment should be given for crimes against women as compared to other crimes.
5. When a woman is given respect by her husband and in-laws the child of such a woman on growing up, will become a brave fighter against injustice, since from childhood he sees that his mother, who was the weaker person, was given respect by his father who was the physically stronger 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. One of the reasons for the bad treatment of Anita by her in-laws was that she did not give birth to a son. This again shows the feudal mind of her in-laws. In this modern age there is no difference between boys and girls.
6. For the reasons given above, we are not inclined to interfere with the First Information Report. The writ petition is dismissed. However, the observations made above will not prejudice the trial.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Vinod Kumar Jain vs State Of Uttar Pradesh And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 August, 2002
Judges
  • M Katju
  • K Sinha