The Supreme Court on Wednesday suspended the sentence imposed by a trial court on Kiran Kumar for the dowry-related death of his wife, Vismaya..In May 2022, a trial court had found Kumar guilty under Section 304B (dowry death) of the Indian Penal Code, among other Sections, and sentenced him to undergo 10 years imprisonment. Kumar subsequently moved the Kerala High Court challenging his conviction and sentence. While his appeal is still pending before the High Court, his application for suspending the sentence was dismissed by it in December, 2022. A Supreme Court bench of Justices MM Sundresh and K Vinod Chandran today allowed Kumar's appeal against the High Court's decision and ordered his release on bail. .Vismaya, a 24-year-old Ayurveda Medical student, was found hanging from the window of a bathroom in Kumar's house on June 21, 2021.Kumar was booked for charges under Sections 498A (subjecting a woman to cruelty for dowry), 306 (abetment of suicide) and 304B (dowry death) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.Only a few days prior to her death, Vismaya had sent pictures of bruises and wounds on her body to her relatives through WhatsApp claiming that she was being harassed by her husband for dowry. Screenshots of the WhatsApp chat and voice notes sent by her were shared by her family after she was found dead.She had allegedly suffered the injuries due to the physical abuse meted out to her by Kumar and his family due to dissatisfaction over the "gifts" given to them for their wedding.While the early reports alleged suicide, it was later investigated as a potential homicide.In May 2022, a trial court convicted Kiran Kumar for all the offences alleged noting in the judgment which ran to 441 pages, that he had meted out dowry related harassment and abuse to Vismaya throughout the subsistence of their marriage.Additional District and Sessions Judge at Kollam, Sujith KN, awarded the following sentence to Kumar:304B IPC: 10 years imprisonment;306 IPC: 6 years imprisonment, ₹2 lakh fine;498A IPC: 2.5 years imprisonment, ₹50,000 fine;Section 3 Dowry Prohibition Act: 6 years imprisonment, ₹10 lakh fine;Section 4 Dowry Prohibition Act: 1 year imprisonment, ₹5,000 fine;The sentences were to run concurrently which means that Kumar would have to spend only 10 years behind bars. .Subsequently, three appeals were filed before the Kerala High Court challenging the trial court's judgment; by Kumar, Vismaya's father and the State government.All three appeals have been tagged and are being considered simultaneously by the High Court. However, it first considered and dismissed the application moved by Kumar to suspend his sentence.
The Supreme Court on Wednesday suspended the sentence imposed by a trial court on Kiran Kumar for the dowry-related death of his wife, Vismaya..In May 2022, a trial court had found Kumar guilty under Section 304B (dowry death) of the Indian Penal Code, among other Sections, and sentenced him to undergo 10 years imprisonment. Kumar subsequently moved the Kerala High Court challenging his conviction and sentence. While his appeal is still pending before the High Court, his application for suspending the sentence was dismissed by it in December, 2022. A Supreme Court bench of Justices MM Sundresh and K Vinod Chandran today allowed Kumar's appeal against the High Court's decision and ordered his release on bail. .Vismaya, a 24-year-old Ayurveda Medical student, was found hanging from the window of a bathroom in Kumar's house on June 21, 2021.Kumar was booked for charges under Sections 498A (subjecting a woman to cruelty for dowry), 306 (abetment of suicide) and 304B (dowry death) of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961.Only a few days prior to her death, Vismaya had sent pictures of bruises and wounds on her body to her relatives through WhatsApp claiming that she was being harassed by her husband for dowry. Screenshots of the WhatsApp chat and voice notes sent by her were shared by her family after she was found dead.She had allegedly suffered the injuries due to the physical abuse meted out to her by Kumar and his family due to dissatisfaction over the "gifts" given to them for their wedding.While the early reports alleged suicide, it was later investigated as a potential homicide.In May 2022, a trial court convicted Kiran Kumar for all the offences alleged noting in the judgment which ran to 441 pages, that he had meted out dowry related harassment and abuse to Vismaya throughout the subsistence of their marriage.Additional District and Sessions Judge at Kollam, Sujith KN, awarded the following sentence to Kumar:304B IPC: 10 years imprisonment;306 IPC: 6 years imprisonment, ₹2 lakh fine;498A IPC: 2.5 years imprisonment, ₹50,000 fine;Section 3 Dowry Prohibition Act: 6 years imprisonment, ₹10 lakh fine;Section 4 Dowry Prohibition Act: 1 year imprisonment, ₹5,000 fine;The sentences were to run concurrently which means that Kumar would have to spend only 10 years behind bars. .Subsequently, three appeals were filed before the Kerala High Court challenging the trial court's judgment; by Kumar, Vismaya's father and the State government.All three appeals have been tagged and are being considered simultaneously by the High Court. However, it first considered and dismissed the application moved by Kumar to suspend his sentence.
