Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | S.302 304 Part I - Eye-witness account believed by Trial Court |
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. 306 - Suicide committed by a married woman - Mother-in-law, father-in-law and brother-in-law of deceased c acquitted - Husband convicted on the basis of a letter alleged to have been written by him - HELD: Letter having not been proved and appearing to be concocted, ocular evidence being sketchy, dying declaration recorded by Naib Tehsildar exonerating all the accused, conviction of husband cannot be maintained - Keeping in view the phrase 'may presume' occurring in s. 113-A of Evidence Act, it would not be correct to say that onus shifts exclusively and heavily on accused - Evidence Act, 1872- ss.113-A and 113-B - Evidence - Dying declaration - Proving of documentary evidence. Evidence Act, 1872:ss. 113-A and 113-B - Difference between - Explained . s. 4- Expressions 'may presume' and 'shall presume' as occurring in ss.113-A and 113-B respectively- Interpretation F of- Interpretation of Statutes. The wife of the appellant consumed poisonous substance and committed suicide within seven years of their marriage. The appellant alongwith his parents and brother faced trial for offences punishable u/ss 306 and 498-A IPC and s.4 of the Dowry Prohibition Act, 1961. The ~ trial court acquitted the parents and brother of the appellant but, relying on a letter (Ext.P-20), allegedly written by the appellant, convicted and· sentenced him u/s 306 IPC and s.4 of the 1961 Act. The High Court affirmed the conviction and the sentence. In the appeal it was contended for the appellant that Ext. P-20 relied on by the trial court in support of the ocular evidence was inadmissible in evidence as it had not been 8 proved; and that the trial court erred in ignoring the dying declaration recorded by the Naib Tehsildar which exonerated all the accused of any wrong-doing. The respondent-State contended that in view of the presumption u/s 113-A of the Evidence Act, 1872, the judgments of the courts below needed no interference. |
Judge | Hon'ble Mr. Justice H.S. Bedi |
Neutral Citation | 2009 INSC 225 |
Petitioner | Anand Kumar |
Respondent | State Of M.p. |
SCR | [2009] 2 S.C.R. 775 |
Judgement Date | 2009-02-20 |
Case Number | 337 |
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