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 Dismissed |
Headnote | PENAL CODE, 1860:s.304-8 - Dowry death - Conviction of husband by HighCourt - Held: The evidence on record discloses that aftermarriage, attitude of accused was hostile towards deceased -Five days prior to incident deceased had described to herfather about the demands raised by accused and that therewas danger to her life - Thus, harassment of dowry was soonbefore the death - Fwther, victim died of poisoning within 7years of marriage - Therefore, presumptions uls 304-8 /PCands. 113-8 of Evidence Act are attracted - Conviction upheld- Evidence Act, 1872 - s.113-8.INVEST/GA TION:Discrepancies in timing and date of handing over of caseproperty - Overwriting in inquest report - Held: Cases in whichsubstratum of prosecution case is strong and substantiated Fby reliable evidence, lapses in investigation should notpersuade the court to reject the prosecution case andunnecessary weightage should not be given to minor errorsor lapses - In the instant case, the doctor clearly deposedabout the date of handing over the case property to police after Gpost-mortem - There seems to be mistake in giving dates --Simi la rly, the overwriting in the inquest report isinconsequential -- It could be a mere inadvertent lapse -Further, sending the special report to magistrate the following day has no adverse impact on prosecution case - Code ofCriminal Procedure, 1973 - s.57. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 751 |
Petitioner | Sukhwinder Singh |
Respondent | State Of Punjab |
SCR | [2013] 12 S.C.R. 339 |
Judgement Date | 2013-11-12 |
Case Number | 1023 |
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