The Supreme Court recently upheld the life imprisonment sentence given to two sisters for instigating their mother, following which she set her daughter-in-law on fire, causing her death in 2003. The victim was targeted because even after three years of her marriage, she was unable to conceive.

A division bench of justices P Sathasivam and Ranjan Gogoi said, “In spite of stringent legislations in order to curb the deteriorating condition of women across the country, the cases related to bride burning, cruelty, suicide, sexual harassment, rape, suicide by married women etc have increased and are taking place day by day.”

It added, “A complete overhaul of the system is a must in the form of deterrent punishment for the offenders so that we can effectively deal with the problem.”

The bench upheld the life sentence of Ashabai Tayade and Kavita Medhe for instigating their mother Kesarbai, who then set the victim Vandana on fire.

According to the prosecution, Vandana had married Raghunath, Kesarbai’s son, on February 28, 2000. On March 5, 2003 when the victim was at her matrimonial house, Kesarbai entered her room and poured kerosene on her and set her on fire. The victim started shouting and caught hold of her. The two were then rushed to the railway hospital. The victim suffered 54% burn injuries, while Kesarbai was discharged after treatment.

After being in the hospital for over a month, Vandana succumbed to her injuries on April 18, 2003. Initially, the police recorded a case of acccidental death but after investigation, the accused were charged under section 498 (a) and section 302 of the Indian Penal Code and were arrested.

During the trial the prosecution heavily relied on the four dying declaration of the victim to bring home the guilt of the accused. The trial court found them guilty for the charges levied but acquitted the husband and father-in-law of the victim also tried in the case.

The accused challenged the conviction in the Bombay High Court which by its order of April 11, 2007, dismissed their appeal. Later they moved the Supreme Court, which observed that “the deceased was in a fit state of mind to make dying declarations and her statements in those dying declarations are consistent and truthful.”