Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suicide dying declaration cruelty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - s.498A - Suicide by second wife ofappellant - One day earlier, the deceased-wife had writtenletter to the police station against the appellant - Convictionof appellant u/s.498A - Justification - Held: Not justified -Explanation uls. 498A defines "cruelty" for purpose of s. 498Ato mean any of the acts mentioned in clause (a) or clause (b)of the Explanation - Alleged acts or conduct of the appellantdid not amount to cruelty within meaning of clauses (a) or (b}of the Explanation - As the cause of the death of deceasedwas not in question, the statements made by her in her letterto the Police Station cannot be taken to be proof of cruel actscommitted by the appellant for holding him guilty u/s.498A -Except the letter written by the deceased to the Police Station,no other witness spoke about the appellant having starved herof food and having committed acts of mental cruelty to her -In view of the evidence of deceased's mother (PW-3), theHigh Court could not have come to the conclusion that thedeceased was subjected to financial exploitation and starvingand mental cruelty by the appellant - Finding of the High Courtthat the appellant committed a cruel act by permitting his firstwife to enter the house of the deceased with new born child,is erroneous - No evidence of any physical harm or mentalcruelty by the appellant against the deceased - Appellanttherefore acquitted. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 494 |
Petitioner | Kantilal Martaji Pandor |
Respondent | State Of Gujarat & Anr. |
SCR | [2013] 8 S.C.R. 137 |
Judgement Date | 2013-07-25 |
Case Number | 1567 |
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