Kanpur court acquits 3 in 19-year-old dowry death case, orders action against ‘hostile witnesses’

“In its order, the court has directed that a miscellaneous case be registered against the three (key) witnesses under Section 344 (giving false evidence) of the Code of Criminal Procedure, 1973 (corresponding to Section 383 of the Bharatiya Nagarik Suraksha Sanhita, 2023),” he added.

The incident dates back to 2006 when the victim, Manju, was admitted to a hospital with burns. Before she died, she had alleged that her in-laws had beaten her and set her ablaze.

Three of the five accused — Manju’s husband Manoj Kumar Gupta; her mother-in law, Shakuntala; and Kanchan (deceased’s sister-in-law) — were out on bail, while two others, father-in-law Shri Ram, and brother-in-law Pappu Gupta, died during trial.

The court examined 10 prosecution witnesses. The three key witnesses include the complainant and Manju’s brother Shiv Kumar Gupta, her mother Chunni Devi, and sister Anju Devi.

The ADGC said the complainant, during cross-examination, admitted to having entered into a compromise with the accused. “He disclosed that pursuant to this compromise, he had deposed in favour of the accused… He also stated that at the time of the compromise, the accused had informed him and his mother that they had committed a grave mistake, and that his mother, Chunni, had likewise settled the matter with the accused.”

“The witness further deposed that his sister’s marriage had been solemnised in a mass marriage ceremony, and that at no point did Manoj or his family members demand dowry from him, nor did his sister ever report any such demand to him. He also stated that no incident of abuse ever took place in his presence. He confirmed that the last rites of his sister were performed jointly by him and Manju’s in-laws,” added Tripathi.

According to the prosecution, on August 26, 2006, Shiv Kumar lodged a complaint against Manoj and four others. An FIR was subsequently filed on various charges including the Dowry Prohibition Act, and under IPC sections 498-A (husband or relative of husband of a woman subjecting her to cruelty), 504 (intentional insult with intent to provoke breach of the peace) and 304-B (dowry death).

According to the complaint, Manju, a resident of Kanpur, married Manoj, a resident of Lucknow, in 2000. It was alleged that soon after the wedding, the accused persons began making persistent demands for money, which the complainant’s family initially fulfilled. Subsequently, the accused allegedly demanded an additional sum of Rs 10,000 in cash along with a gold chain.

The complainant alleged that nearly 10 days prior to Manju’s death, she contacted him and said her in-laws were subjecting her to physical assault and harassment.

During their investigation, police had filed a chargesheet against the five accused.