Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Dowry Death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 306 and 304-B - Dowry death - Death of daughter-in- , law by burning - Acquittal of mother-in-law holding it to be a case of suicide - However, conviction by High Court - Justification of - Held: Justified - Post mortem report to the effect that skull bones were found broken shows that before burning the deceased was killed - Evidence of prosecution witnesses that accused was persistently taunting and harassing deceased for not bringing sufficient dowry- Dowry Prohibition Act, 1961 - s. 4. s. 304 B- Evidence Act, 1872 - s. 1138 - Dowry death - Essential ingredients to raise presumption under s. 113-B - Held: Is that the concerned woman 'soon before her death' was subjected to cruelty or harassment 'for or in connection )( with the demand of dowry' - 'Soon before' is a relative term - .. It depends upon the facts and circumstances of the case No strait-jacket formula can be laid down as to what would constitute a period of soon before the occurrence - There must be existence of proximate and live link between the effect of cruelty on dowry demand and death. Dowry Prohibition Act, 1961: ss. 2, 3 and 4 - Dowry - Meaning of - Held: Dowry includes not only the period before marriage but also the period subsequent to the marriage - Demand of dowry refers to the demand of property or valuable security- Even demand of dowry on other ingredients being satisfied is punishable - It is not always necessary that there be any agreement for dowry- Penal Code, 1861 - s. 304 B. It was the case of the father of the deceased that the appellant-deceased's mother-in-law, her husband and uncle used to torture, harass and humiliate her for not bringing sufficient dowry. Within four years of marriage, the deceased was killed by burning. FIR was registered. Investigation was carried out. The doctor opined that the cause of death of the deceased was asphyxia due to ante-mortem injuries. Accused were tried u/s. 306 and 304-8 IPC and s. 4 of the Dowry Prohibition Act, 1961. Trial court acquitted the accused holding it to be a case of suicide. However, High Court convicted them as case of suicide was not established; and there was evidence of murder of deceased before her burning. Hence the present appeal. Dismissing the appeal, the Court |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 5 |
Petitioner | Prem Kanwar |
Respondent | State Of Rajasthan |
SCR | [2009] 1 S.C.R. 37 |
Judgement Date | 2009-01-07 |
Case Number | 58 |
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