Today, On 2nd July, The Supreme Court suspended the trial court’s 10-year sentence given to Kiran Kumar in the dowry-related death of his wife, Vismaya. The 24-year-old Ayurveda student was found hanging in her husband’s house in 2021.
New Delhi: The Supreme Court suspended the trial court’s 10-year sentence against Kiran Kumar in connection with the dowry-related death of his wife, Vismaya.
Bench, consisting of Justice M M Sundresh and Justice K Vinod Chandran, suspended the prison sentence and granted bail to Kiran Kumar, who was convicted of abetment to suicide and dowry death of his wife, Vismaya V Nair.
In May 2022, the trial court found Kumar guilty under Section 304B (dowry death) of the Indian Penal Code, among other charges, and sentenced him to 10 years in prison.
The Kollam Additional Sessions Court found him guilty and sentenced him to 10 years in prison. Vismaya, 24, was discovered hanging in the bathroom of Kiran Kumar’s house in Sasthamkotta, Kollam district, on June 21, 2021, shortly after their marriage on May 31, 2020.
Kumar later appealed to the Kerala High Court to contest his conviction and sentence. While his appeal is still pending, the High Court dismissed his application to suspend the sentence in December 2022.
Today, apex Court bench granted Kumar’s appeal against the High Court’s ruling and ordered his release on bail.
Also Read: SC Upholds Testimonies of Dowry Death Victims’ Relatives
Vismaya, a 24-year-old Ayurveda medical student, was discovered hanging from the bathroom window of Kumar’s home on June 21, 2021.
Kumar was arrested following a complaint from her parents and brother, who alleged that he had tortured and harassed her over dowry demands. A former Assistant Motor Vehicle Inspector, Kumar was subsequently dismissed from his position.
Just days before her death, Vismaya had sent images of bruises and injuries to her relatives via WhatsApp, claiming that she was being harassed by her husband for dowry.
Her family shared screenshots of these WhatsApp messages and voice notes after her death.
Kumar faced charges under Sections 498A (cruelty against a woman for dowry), 306 (abetment of suicide), and 304B (dowry death) of the Indian Penal Code, as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961.
1. Section 304B IPC (Dowry Death)
- Punishment: 10 years imprisonment
- If a woman dies under suspicious circumstances within 7 years of marriage and it’s linked to dowry demands, it’s considered a dowry death. The husband or in-laws can be punished.
2. Section 306 IPC (Abetment of Suicide)
- Punishment: 6 years imprisonment and Rs.2 lakh fine
- If someone encourages or pushes another person towards suicide, it’s a crime. In this case, the court believed the husband’s actions led to his wife taking her own life.
3. Section 498A IPC (Cruelty by Husband or Relatives)
- Punishment: 2.5 years imprisonment and Rs.50,000 fine
- If a husband or his family mentally or physically harasses a woman for dowry, they can be punished under this section.
4. Section 3 of Dowry Prohibition Act (Taking Dowry)
- Punishment: 6 years imprisonment and Rs.10 lakh fine
- Demanding or accepting dowry (money, gifts, property) during or after marriage is illegal. Here, the court found he took dowry.
5. Section 4 of Dowry Prohibition Act (Demanding Dowry)
- Punishment: 1 year imprisonment and Rs.5,000 fine
- Even asking for dowry is a punishable offence under this law.
She reportedly sustained these injuries from physical abuse by Kumar and his family due to their dissatisfaction with the “gifts” received during their wedding.