After wife forgives husband who set her on fire for dowry, Delhi High Court reduces his jail term

The Delhi High Court has reduced the jail sentence awarded to a man convicted for setting his pregnant wife on fire over dowry.

The order reducing the sentence was passed on May 4 after the wife told the Court that she had forgiven him and was now living with him.

Justice Vimal Kumar Yadav upheld the conviction of one Raju, his mother Bardi Devi and brother Shambhu in the marital cruelty case. However, after the woman who was subjected to the cruelty sought leniency for her husband and in-laws, the Court modified their jail sentence to the period already undergone by them in custody.

The Court also noted that the case was a reminder of the evil of dowry and the extent to which greed for material possessions could blind people.

“Cases like the instant case are apparently a testament of the evils of dowry system and the extent of greed of materialistic possessions has blinded the humans,” the ruling said.

The case concerned an incident from November 2000, when a woman named Savita was allegedly set on fire at her matrimonial home in New Delhi's Rajapuri.

According to the prosecution, Savita was being harassed and tortured over dowry demands.

Her mother-in-law and brother-in-law allegedly caught hold of her hands while her husband Raju set her on fire.

The Court recorded that the incident was not reported to the police immediately.

Savita was also not taken to a hospital. Instead, she was sent to her parental home, where she was given local and Ayurvedic treatment.

Savita was pregnant at the time of the incident. She later delivered a baby girl.

Around 20 days after the delivery, she lodged a police complaint with the police on April 13, 2001, leading to the registration of a first information report (FIR) at the Dabri police station.

Raju, Bardi Devi and Shambhu were charged under Sections 307 (attempt to murder), 498A (cruelty to married woman) and 342 (punishment for wrongful confinement) read with Section 34 (criminal acts done with common intention) of the Indian Penal Code.

In January 2004, a trial court convicted all three and sentenced them to seven years of rigorous imprisonment for attempt to murder, one year for marital cruelty and six months for wrongful confinement.

The three convicts then filed an appeal before the Delhi High Court. They did not challenge their conviction, but confined their arguments to the punishment.

Savita appeared before the High Court along with her husband and brother-in-law. She told the Court that she did not want any action against them since the matter was resolved. She also filed an affidavit stating that she was now living with Raju.

The Court recorded that Savita has five children, including three born after the incident.

The State opposed any reduction in sentence. The Additional Public Prosecutor argued that Savita continued to carry visible burn scars on her body and may also have invisible scars on her psyche.

However, the judge said that courts are often confronted with cases where parties who were once at loggerheads later reconcile and resume normal life.

The Court said that Savita appeared to have forgiven her husband and in-laws despite having suffered severe burns.

“Indeed women have very large heart,” the Court observed.

The Court further said that sending the appellants back to jail after more than 25 years would disturb the family equilibrium that had since been restored.

“Any sentence at this stage involving further custody would ruin the cordiality, which she has achieved in her revived relationship with her husband Appellant-Raju,” the Court said.

It added that further custody would be detrimental not only to the accused but also to Savita and her five children.

Therefore, the High Court upheld the conviction but modified the sentence to the period already undergone.

Advocates Kuldeep Kumar and Aashaa Tiwari appeared for the accused.

Additional Public Prosecutor Mukesh Kumar appeared for the State.

Advocate Shailesh Chandra Jha appeared for Savita.

[Read Judgment]