Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry Death |
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.3048 - Dowry death -Allegations of - Prosecution case inter. a/ia based on dying declaration (Ext.4) and statements made by PWs 13 and 14, the brother and mother of the deceased - Conviction of appellants (parents-in-law of the deceased) - Justification - Held: Not justified - Statement made by PW13 not reliable since no o evidence to suggest that just before the death PW-13 had talked to deceased or that deceased was in the condition to make statements - Her statement corroborated by PW-14, but not corroborated by PW-12 - Ext.4, the dying declaration also suffers from infirmities - AS/ who recorded the dying E declaration was not produced by the prosecution for examination or cross-examination - Non-appearance of prejudicially affected the defendant's interest as they were denied the opportunity to cross-examine him - The dying declaration (Ext.4) was not certified by any medical expert F stating that the deceased was in medically fit condition for giving statement - Though such certificate is not mandatory, it was the duty of the officer who recorded the same to mention whether the deceased was in mentally and medically fit condition for making such statement, particularly when the case was of a third degree burn which could lead to death - G Ominous allegations were made against the in-laws of the deceased - No specific incident stated by the PW-13 or PW14 in their statements - Nothing on record to suggest that deceased was subjected to cruelty and harassment "soon before her death" and "in connection with the demand of A dowry" - Moreover, deceased did not make any statement in her dying declaration indicating demand of dowry - Valid doubt as to authenticity of the dying declaration - Evidence of cruelty and harassment in general not sufficient to attract s. 304B IPC - Prosecution miserably failed to prove the case B beyond reasonable doubt. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 672 |
Petitioner | Panchanand Mandal @ Pachan Mandal & Anr. |
Respondent | State Of Jharkhand |
SCR | [2013] 11 S.C.R. 328 |
Judgement Date | 2013-10-04 |
Case Number | 2173 |
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