The Delhi High Court recently reduced the jail sentence of a man convicted of setting his pregnant wife on fire over dowry harassment, after the woman informed the Court that she had forgiven him and was now living with him.

Justice Vimal Kumar Yadav upheld the conviction of Raju, his mother Bardi Devi and brother Shambhu in the case involving cruelty and attempt to murder. However, considering the woman’s plea for leniency and the family’s reconciliation, the Court modified their sentence to the period already undergone in custody.

The order was passed on May 4.

While dealing with the case, the Court observed that such incidents reflected the continuing evil of the dowry system and the extent to which greed for material possessions could consume individuals.

“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 Court remarked.

The case dates back to November 2000, when Savita was allegedly set ablaze at her matrimonial home in Rajapuri, Delhi. According to the prosecution, she was subjected to harassment and torture over dowry demands. It was alleged that while her mother-in-law and brother-in-law held her, her husband poured kerosene on her and set her on fire.

The High Court noted that the incident was not immediately reported to the police and Savita was not taken to a hospital. Instead, she was sent to her parental home, where she received local and Ayurvedic treatment.

Savita, who was pregnant at the time, later gave birth to a baby girl. About 20 days after delivery, she filed a complaint on April 13, 2001, leading to the registration of an FIR at Dabri police station.

The accused were booked under Sections 307 (attempt to murder), 498A (cruelty to a married woman) and 342 (wrongful confinement) read with Section 34 of the Indian Penal Code.

In January 2004, the trial court convicted all three and sentenced them to seven years’ rigorous imprisonment for attempt to murder, along with separate sentences for cruelty and wrongful confinement.

Before the High Court, the convicts did not challenge their conviction and limited their appeal to the question of sentence.

Savita appeared before the Court along with her husband and brother-in-law and stated that the dispute had been resolved. She also filed an affidavit saying that she was now residing with Raju. The Court noted that the couple now had five children, including three born after the incident.

Opposing any reduction in sentence, the State argued that Savita continued to bear visible burn scars and may also carry psychological trauma from the incident.

However, the Court observed that criminal courts often come across cases where estranged parties later reconcile and resume family life. It noted that despite suffering severe burn injuries, Savita had chosen to forgive her husband and in-laws.

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

The judge further held that sending the convicts back to prison after more than 25 years would disturb the family’s restored equilibrium.

“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.

The Court added that further imprisonment would adversely affect not only the convicts but also Savita and their five children.

Accordingly, while maintaining the conviction, the High Court reduced the sentence to the period already undergone.

Advocates Kuldeep Kumar and Aashaa Tiwari appeared for the accused, Additional Public Prosecutor Mukesh Kumar represented the State, while Advocate Shailesh Chandra Jha appeared for Savita.