Learned counsel for appellants would submit that, whatever allegations are made about demand, is not illegal demand towards any dowry. According to him, demand was towards customary rituals which are acknowledged in the community. Hence, according to him, rigors of section 498-A of IPC would not be attracted. {Para 20}
21. Here, father and uncle of deceased have both deposed about demand of "Mul". As stated above, learned APP herself clarified that, when newly wedded bride visits her parent's place for the first time or during first visit after conception and delivery, there is a custom of giving articles. Informant narrated that on 19.02.2002, his brother PW2 Shiwaji was sent to fetch deceased, but she was not allowed to go, saying that, said customary 'Mul' is not given.
22. Though above demand of articles is customary, the Hon'ble Apex court in the case of Rajinder Singh v. State of Punjab reported in MANU/SC/0210/2015 : 2015:INSC:161 : AIR 2015 SC 1359, observed that, any demand made by husband or his relatives before, during or after the marriage are considered as a dowry. This view is again reiterated in the case of State of Madhya Pradesh v. Jogendra and Ors. reported in MANU/SC/0027/2022 : 2022:INSC:30 : (2022) 5 SCC 401.
In view of above, though demands are termed as 'customary' in view of above ruling, every demand is to be held as dowry demand.
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Appeal No. 413 of 2004
Decided On: 14.12.2024
Satish Bhagwan Patil and Ors. Vs. The State of Maharashtra
Hon'ble Judges/Coram:
Abhay S. Waghwase, J.
Citation: MANU/MH/7535/2024.
Read full Judgment here: Click here.
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