The Kerala High Court on Monday dismissed a plea by Kiran Kumar, who was sentenced in the sensational dowry death case of his wife, 23-year-old Vismaya, seeking an interim order for suspension of his 10 years sentence, observing  that even if there was no demand for dowry before or at the time of marriage, the subsequent demand made is sufficient to attract the definition of dowry under Section 2 of the Dowry Prohibition Act, 1961.

A division bench comprising Justice Alexander Thomas and Justice  Sophy Thomas found that there was no patent infirmity in the order of the trial court which had found  Kiran Kumar guilty of committing offences punishable 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

The court said that even if there was no dowry demand prior to the wedding,  Kiran Kumar’s subsequent conduct as evidenced by documents and witnesses, clearly showed that after the wedding, he had been abusing and assaulting Vismaya on account of his dissatisfaction with the car and the amount of gold that her family had given him.

The bench rejected Kumar’s contention that Vismaya committed suicide because her father had refused to respond to her calls or that she had committed suicide because she desperately wanted to get pregnant but got her periods on the same day.

Kiran Kumar, in his plea sought suspension of the execution of the sentence and release on bail, pending disposal of his criminal appeal.

In May 2022, Kollam Additional District and Sessions Judge convicted Kiran Kumar  under Sections 498A (subjecting a woman to cruelty for dowry), 306 (abetment of suicide) and 304B (dowry death), among others of the IPC and sentenced him to ten years imprisonment and a fine of Rs.12.5 lakh.

Vismaya married Kiran, an Assistant Motor Vehicle Inspector, on 30  May2020. She was found dead at Kiran’s house at Poruvazhy  in Kollam on 21  June  2021 in mysterious circumstance.Vismaya’s parents had alleged after her death that she was a victim of dowry harassment.