Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss. 306 and 498A |
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 and 498A - Married woman c committed suicide - Allegedly due to ill-treatment and harassment for dowry by husband and in-laws - Case of prosecution that accused persons coerced deceased to bring more dowry and accordingly mother of deceased gave cheque of Rs.10,0001- to husband of deceased, but harassment continued - Accused in defence pleaded that husband of deceased was having a truck which met with accident and mother of deceased gave the cheque for repairs of said truck and not as dowry - Trial court acquitted the accused-appellants - High Court set aside the order of E acquittal - On facts, held: From the documentary evidence on record, prima facie, the defence of accused persons appears to be more probable - At least it creates doubt regarding the case of prosecution - There was no analysis of the conclusions of trial Court by the High Court - Hence, interference by High Court with the order of acquittal was not correct. Criminal Law - Investigation - Conducted by complainant - Effect of- Held: Merely because the complainant conducted the investigation, that would not be sufficient to cast doubt on G the prosecution version - The matter has to be decided on case to case basis without any universal generalization. Appeal - Appeal against acquittal - Power of appellate court - Ambit and scope - Case Law discussed - On facts, High Court set aside the order of acquittal passed by trial court A without analyzing the conclusions arrived at by it, which was not justified - Code of Criminal Procedure, 1973 - s.378. Appellant No.1 's wife committed suicide. According to the prosecution, appellant no.1 and his family membersĀ· harassed and ill-treated the deceased and coerced her to bring more dowry and accordingly PW2, mother of the deceased, gave a cheque of Rs.10,0001- to appellant no.1, but the harassment continued which ultimately led to the incident. Appellants in their defence c pleaded that appellant no.1 was having a truck which met with accident and required heavy repairs and so PW2 gave the cheque for repairs of said truck and not as dowry. Appellant nos. 2 and 3 are the parents-in-law, appellant nos, 4 and 5 are the sisters-in-law and appellant no.6 is the brother-in-law of the deceased. The trial court held that the Investigating officer should not have proceeded with the investigation as he was the complainant and thus the prosecution version was tainted and also that the evidence of the witnesses did not inspire confidence and consequently acquitted the appellants. On appeal, the High Court convicted the appellants under ss. 306 and 498A. Hence the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 434 |
Petitioner | Bhaskar Ramappa Madar And Ors. |
Respondent | State Of Karnataka |
SCR | [2009] 5 S.C.R. 256 |
Judgement Date | 2009-03-31 |
Case Number | 415 |
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