Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.498A Penal Code 306 - Dowry death - Allegation that deceased committed suicide by taking poison as she was harassed for bringing 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: s.498A, 306 - Dowry death -Allegation that deceased committed suicide by taking poisonas she was harassed for bringing dowry - Conviction ofhusband and mother-in-law and sister-in-law by courts below~ Husband undergone the sentences passed against him :-Instant appeal by mother-in-law and sister-in-law - Held:Evidence of the prosecution witnesses and the circumstantialevidence makes it amply clear that deceased was subjectedto cruelty at the hands of her husband and her in-laws whichhad caused her grave mental and physical injury- The samehad made her run away from matrimonial home several times- Ingredients to constitute offence uls.498A fully satisfiedagainst appellants - However, it cannot be said that thecruelty meted on the deceased led her to commit suicide orthat accused had abetted in the commission of the same -Dying declaration was to the effect that she took poison bymistake which was corroborated by the doctor who hadexamined her and declared her stable and conscious to makestatement - Thus prosecution failed to prove beyondreasonable doubt that accused had abetted the deceased incommission of suicide - Conviction u/s. 306 set aside -Keeping in view the age of the appellants i.e. mother-in-lawof'the deceased who is said to be around 60 years of ageand sister-in-law of the deceased who is more than 35 yearsof age and having a child to take care of, the sentence islimited to the period of imprisonment ;:if ready undergone bythem. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 661 |
Petitioner | Bhanuben And Anr. |
Respondent | State Of Gujarat |
SCR | [2015] 9 S.C.R. 1124 |
Judgement Date | 2015-09-14 |
Case Number | 1209 |
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