Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code Dowry |
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 - ss.306, 498A, 109 - Dowry Prohibition Act, 1961 - s.3 - Abetment of suicide, dowry demand - Torture for not bringing sufficient dowry - Letters on record written by husband demanding money- Trial Court convicted accused on the ground that letters established demand of dowry and that suicide was abetted by acts and conduct of accused - Held: In view of background facts, conviction under s.306 cannot be sustained- However, letters demonstrate commission of offence under ss.498A and s.3 of DP Act - Conviction thereunder sustained - However, sentence in respect of s. 3 of DP Act reduced to 3 years - Crime against women. Words and phrases: 'abtetment' - Meaning of - Discussed - Penal Code, 1860 - s.109.Prosecution case was that the accused was married to the deceased. Soon after two years of marriage, accused started ihflicting mental and physical torture on her for not bringing sufficient dowry in marriage. He even wrote letters to parents of deceased and demanded Rs.40,000 for purchasing a house. All this prompted the deceased to commit suicide by burning herself. The trial court found that the letters written by the accused clearly established the demand of dowry and further the suicide was clearly abetted by the acts and conduct of the appellant. The conviction was recorded under ss.306 and 498A IPC and s.3 of Dowry Prohibition Act, 1961 and sentences of 3 years, 10 years and 5 years were imposed. High Court upheld the conviction and sentences. In appeal to this Court, appellant contended that the letters whereby the alleged demand of dowry was made were not signed by him and even were not addressed to anyone; that there was no material to show that the appellant subjected the deceased to such cruelty and harassment so as to instigate her to commit suicide; and that the evidence on record showed that the appellant maintained good relations with the deceased and purchased valuable silver ornaments for her and she was shown to be his nominee in his insurance policy. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 82 |
Petitioner | Kishangiri Mangalgiri Goswami |
Respondent | State Of Gujarat |
SCR | [2009] 1 S.C.R. 672 |
Judgement Date | 2009-01-28 |
Case Number | 169 |
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