Kerala court sentences husband and mother-in-law to life in jail for starving woman to death over dowry

A Kerala court recently sentenced a man and his mother to life imprisonment for the murder and dowry death of the man's 30-year-old wife who was starved to death by deliberately withholding food and other necessities from her [State of Kerala v Chanthulal & ors]. .Kollam Additional Sessions Judge S Subash found the man Chanthulal and his mother Geethalali guilty of the brutal murder of Thushara who was found in an emaciated state, weighing only 21 kilograms at the time of her death in March 2019.In the judgment delivered on April 28, the judge held that the woman died as a result of prolonged starvation inflicted by her husband and mother-in-law.The Court noted that the husband's failure to provide basic necessities despite having the means to do so, amounted to a deliberate and illegal omission."The evidence on record would show that even though A1 had the capacity, means and ability to provide the necessaries of life to his wife, he wilfully and deliberately omitted to discharge the obligation which he owed towards his wife. It is pertinent to note that the deceased was in a helpless state and she was unable to appeal elsewhere for help. Even then A2, who is none other than her mother in law also wilfully and deliberately neglected to provide food or medications to her. Ext.P40, which is the copy of death intimation of Thushara, would show that she was brought dead to the hospital," the Court observed.It also found that both the husband and mother-in-law acted with the common intention to end Thushara's life and their conduct amounted to culpable homicide amounting to murder..The deceased, Thushara had married Chanthulal on December 9, 2013.At the time, his family had demanded 20 sovereigns of gold and ₹2 lakh as dowry.Since the payment could not be made immediately, her family was forced to sign an agreement promising to pay or transfer five cents of land. When the demand remained unmet, Chanthulal confined Thushara within a high tin compound wall and locked gate, isolating her completely and cutting her off from her family and the outside world.Following her death on March 21, 2019, Thushara's mother filed an FIR expressing suspicion over the circumstances leading to her daughter's demise..According to the prosecution, Thushara was systematically denied food and medical treatment and was often left locked inside the house when the accused left.The postmortem report also revealed that at the time of Thushara's death, she weighed only 21 kg and was in a severely dehydrated condition..The court found that Thushara was starved for several days, leading to organ failure and her eventual death due to complications from acute starvation. The link between the cruelty against the deceased and her death was determined by the court through circumstantial evidence, i.e. the evidence from witnesses including Thushara's mother, relatives, and the medical examiner, who corroborated the claims of dowry harassment and isolation.The Court concluded that the woman had indeed died under unnatural circumstances within seven years of marriage and that dowry harassment had played a central role in her death."On a conjoint reading of the evidence of PW1, PW2, PW5, PW6, PW7 and the medical evidence what is discernible that Thushara was subjected to mental and physical cruelty at the matrimonial home. Thushara died due to the consolidation of lungs as a complication of starvation at her matrimonial home. At the time of the death of Thushara, her body weight was 21 kg and her body was emaciated; as per the postmortem findings, the skeletal frame work of the deceased could be easily appreciated due to the state of emaciation and all the internal organs were under weight," the Court noted.Although there was no direct witness to testify the act of starvation, the Court observed that the prosecution was successful in proving beyond reasonable doubt that the accused were responsible for Thushara's death..The Court convicted both accused under Section 302 IPC (murder), Section 304B IPC (dowry death) and Section 344 IPC (wrongful confinement) and sentenced them to undergo rigorous imprisonment for life for murder, seven years for dowry death, and two years for wrongful confinement, with all sentences to run concurrently.The proceedings against the father-in-law were abated as he passed away during the course of the trial..The accused were represented by advocate Sijakala.Special Public Prosecutor KB Mahendra appeared for the state..[Read Judgment]