Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act s.304-B s.113-B Dowry death 1872 IPC When not |
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.304-B – Dowry death – When not – PW-3-father of the deceased stated that the appellant got married to his daughter on 26.05.91 – Soon after the marriage, she was illtreated by the appellant, father-in-law, mother-in-law and sisterin-law, as they demanded dowry – As per PW-3, on 08.02.94, he received information that his daughter expired in the Hospital and alleges that the same was caused by the administration of poison by the accused persons – Trial court concluded that the prosecution proved its case only against the appellant and the mother-in-law of the deceased whereas in respect of accused father-in-law and sisterin-law, no specific role was assigned and therefore, they were acquitted – High Court, while granting benefit of doubt to the motherin-law, allowed her appeal and acquitted her, whereas sentence of the appellant was reduced to seven years – On appeal, held: Prosecution relied upon the statement of PW3 and PW4-brother of the deceased, which was made basis of conviction by courts below – However, such statements are not sufficient to prove that the deceased was treated with cruelty relating to demand of dowry soon before her death, in the absence of independent evidence though available but not examined – Further, the documentary evidence in the shape of letters written by the deceased does not support the story of the prosecution – Prosecution failed to prove either the demand of dowry or that any such demand was raised soon before her death – Essential ingredients of offence u/s.304-B, IPC not proved – Prosecution has even failed to prove the initial presumption u/s.113-B of the Evidence Act – Thus, the prosecution has failed to prove the allegations levelled against the appellant beyond reasonable doubt – Conviction of the appellant, set aside – Evidence Act, 1872 – s.113-B. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 872 |
Petitioner | Mahesh Kumar |
Respondent | State Of Haryana |
SCR | [2019] 11 S.C.R. 587 |
Judgement Date | 2019-08-07 |
Case Number | 1042 |
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