Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860/Evidence Act Criminal law: Penal Code 1872-Sections 3048 & 498-A/Section 32-Dowry death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal law: Penal Code, 1860/Evidence Act, 1872-Sections 304B & 498A/Section 32-Dowry death-Cruelty-Suicide by wife-Conviction of husband by trial court and High Court for cruelty-Held, mental torture and abnormal behaviour may amount to cruelty-Statement of deceased to her family members is not admissible for the offence of cruelty being hearsay evidence-On facts, no legal evidence for commission of cruelty-Hence husband acquitted giving benefit of doubt.Wife of appellant committed suicide by hanging herself in the house. An FIR was lodged with the police by the father of the deceased alleging murder of his daughter by the appellant and his family members. The prosecution established that the deceased committed suicide due to ill-treatment, harassment and cruelty by the appellant and his family members for bringing insufficient dowry. The appellant was convicted under sections 394B & 498A IPC for the offence or dowry death and cruelty. Trial Court convicted the appellant for cruelty under Section 498A IPC and sentenced him to three years rigorous imprisonment which was upheld by High Court. In appeal to this Court, the appellant contended that the findings by the trial court regarding cruelty under Section 498A IPC were not based on any legal evidence. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 2002 INSC 66 |
Petitioner | Gananth Pattanaik |
Respondent | State Of Orissa |
SCR | [2002] 1 S.C.R. 845 |
Judgement Date | 2002-02-06 |
Case Number | 1 |
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