S Kiran Kumar, who was on Monday convicted for driving his wife Vismaya to suicide after dowry harassment and domestic abuse, has been sentenced to 10 years imprisonment and a fine of Rs 12.55 lakh. Kiran has been sentenced to ten years in jail for the offence of dowry death; six years jail and and a two lakh fine for abetting Vismaya’s suicide; and two years in jail plus a Rs 50,000 fine under the offence of criminal intimidation. He has also been sentenced to six years in jail and a Rs 10 lakh fine under the Dowry Prohibition Act, and one year in jail plus Rs 5,000 fine under the offence of demanding dowry. These sentences will run concurrently, which means even though Kiran has been sent to a total of 25 years in jail, he will spend 10 years in jail. Of the total fine amount Rs 12.55 lakh, Rs 2 lakh is to be paid to Vismaya’s parents as compensation, the court said.
The Kollam court had on May 23 held him guilty for the death of his wife Vismaya, an Ayurveda medical student who was found dead at her marital home in June last year, for dowry death and abetting her suicide. Additional District and Sessions Judge Sujith KN had also convicted Kiran Kumar for the offence of dowry-related harassment under the IPC and various provisions of the Dowry Prohibition Act.
Appearing before the court, Kiran Kumar’s counsel sought leniency in the sentence, stating that his parents are old and are staying alone and that his own age should be considered before sentencing him. The public prosecutor sought a life-term for Kiran, which is the maximum sentence under the offence of dowry death. Kiran’s counsel opposed the life term citing a Supreme Court verdict that gave a 10-year jail term even in heinous crimes.
The offence of dowry death under Section 304B of IPC carries a minimum sentence of seven years and a maximum of life imprisonment. The offences of dowry harassment under Section 498A of IPC and abetment to suicide under Section 306 of IPC carry a maximum punishment of three years and a 10-year jail term, respectively.
Vismaya, 22, was found dead in the house of her husband at Sasthamkotta in Kollam district on June 21, 2021. Days before her death, Vismaya had sent her cousin some WhatsApp messages where she had narrated that she had faced severe assault. She wrote about how after assaulting her, her husband allegedly pulled back her hair and stamped on her face. She says in the message that she has not told anyone about the assault. The photos she shared with her cousin show injuries on her face, shoulder and hands. This was also one of the primary pieces of evidence submitted to the court during the trial.
Her father had said that 100 sovereigns of gold (one sovereign is equal to 8 grams gold) and over one-acre land, besides a car worth Rs 10 lakh were given as dowry to Kumar during the wedding in 2020. But Kumar did not like the car and had been demanding a different model, and wanted additional cash as well. After Vismaya’s death, her family filed a complaint with the police, and Kiran was arrested and charged under Indian Penal Code sections 304B (dowry death), 498A (cruelty by husband or a relative), 306 (abetment of suicide), 323 (punishment for voluntarily causing hurt) and 506 (punishment for criminal intimidation). Kiran, who used to work as an assistant motor vehicle inspector of the Motor Vehicle Department, was also later dismissed from service by the Government of Kerala in August 2021.
The Kerala Police had filed a 500-page chargesheet against Kiran Kumar, and had said that Vismaya died by suicide due to dowry harassment.
On Monday, Vismaya's father spoke to reporters outside the court and said that his daughter has got justice. He said he did not have words to express his gratitude for the efforts of the prosecution and the investigating team. Prior to leaving for the court, he had told reporters at his residence that the government appointed a very good investigating team to probe the case and a very good prosecutor.
Just before the verdict was delivered, state Transport Minister Antony Raju told reporters that irrespective of the court's decision in the criminal case, there will be no change in the state government's decision to dismiss Kumar from service.
Kumar, who was an assistant motor vehicle inspector, was out on bail which was granted to him by the Supreme Court. However, with his conviction, the bail granted to him stands rescinded and the police took him into custody from the court.