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.498-A, and 304-8 - Dowry death - Woman found dead in well - Two injuries found, one on her nose and other in parietal area of the head, which could not be caused in course of fall into the water- Doctor was definite that two injuries were the result of two separate blows b.v some hard and blunt substance - Evidence of witness show that soon before her death, she was subjected to cruelty and harassment by her husband and in laws due to non fulfilment of dowry demand - Held: Husband and in laws guilty under ' ss.498-A s.304-8 - Crime against woman. Evidence - Reading of - Held: To be read as a whole and not by plucking out one or two sentences from here and there. Prosecution case was that on 6.9.1998, deceased was killed by the appellants who were husband and in-laws and her dead body was thrown in well near the house of the appellants. The doctors' report was that cause of death was not by drowning and was due to coma resulting from head injury, which was possibly caned by some blunt weapons. The trial court acquitted the appellants. On appeal, High Court convicted the appellants under ss.498-A and 3048 IPC. • In appeal to this Court, the appellants contended that the deceased slipped into the well accidentally and "' smashed her head against the wall of the well; that there was no evidence of demand for dowry by the appellants or her being subjected to cruelty or harassment by the appellants for or in connection with the demand for dowry and that too soon before her death. In support of the submission that the appellants did not make any demand for dowry, the appellant placed reliance on certain sentences picked up from the evidence of PW 1, the father of the deceased. Appellant referred to two .. , sentences from the statement of PW 1 in reply to the court's questions where he said that no dowry was decided at the time of the marriage and then pointed out two or three sentences from his cross examination where he said that there was no talk of dowry at the time of engagement and marriage of his daughter. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2009 INSC 6 |
Petitioner | Deen Dayal & Ors. |
Respondent | State Of U.p. |
SCR | [2009] 1 S.C.R. 56 |
Judgement Date | 2009-01-07 |
Case Number | 67 |
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