Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | trial conviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – ss. 306, 107 – A young married ladywith two minor children committed suicide – The Trial Courtconvicted lady’s husband-appellant u/s. 306 IPC and sentenced himto 4 years rigorous imprisonment – The conviction u/s. 306 IPCwas upheld by the High Court – On appeal, held: In the instantcase, there is no direct evidence of cruelty against the husband orthe in-laws – There is nothing on record to show which particularhope or expectation of the deceased was frustrated by the husband– Evidence is also lacking on wilful neglect of the appellant, whichled to the suicidal death – To prove the offence of abetment, asspecified u/s. 107 IPC, the state of mind to commit a particularcrime must be visible, to determine the culpability – The ingredientof mens rea cannot be assumed to be ostensibly present but has tobe visible and conspicuous – Both the Trial Court and the HighCourt never examined whether appellant-husband had the mens reafor the crime, he is held to have committed – The conviction by boththe Courts on the theory that the woman with two young kids mighthave committed suicide, possibly because of the harassment facedby her in the matrimonial house, is not at all borne out by theevidence in the case – Testimonies of the PWs do not show thatthe wife was unhappy because of the appellant and she was forcedto take such a step on his account – The Trial Court and the HighCourt speculated on the unnatural death and without any evidenceconcluded only through conjectures, that the appellant is guilty ofabetting the suicide of his wife – Therefore, the decisions underchallenge cannot be legally sustained – Consequently, theappellant’s conviction u/s. 306 IPC is set aside and quashed. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2020 INSC 570 |
Petitioner | Gurcharan Singh |
Respondent | The State Of Punjab |
SCR | [2020] 8 S.C.R. 741 |
Judgement Date | 2020-10-01 |
Case Number | 40 |
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