Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | dowry death suicide |
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.3048 & 498A - Sister-in-law ofappellant committed suicide within few years of marriage -Allegations of dowry death - Conviction of appellant -Justification - Held: Not justified - Appellant deservesacquittal since no evidence inculpating him - No definiteallegation made by any of the witnesses including PW-2(deceased's father) or anybody from his family that appellanthad demanded any additional dowry from him or anybody inhis family or had treated the deceased with cruelty or in ahumiliating manner so as to make him complicit in the dowrydeath - Appellant may have been a silent or a passivelyconniving participant, but nothing on record to suggest thathe had either actively made such a demand or that thedemanded amount was sought to be utilized for his benefiteither directly or indirectly - Presumption available u/s. 113-B of the Evidence Act, 1872 to conclude that deceased'sdeath was a dowry death cannot be stretched to implicate alland sundry in the family of deceased's husband in demandingadditional dowry from deceased's family and harassing herand treating her with such cruelty that she had to resort totaking her life - Mere fact that all family members of thedeceased's husband were living together, did not alter thefactual situation - In absence of the prosecution proving theingredients of s.304-B, initial burden cast on it not discharged- Therefore, presumption uls. 113-B of the Evidence Act cannot be attracted -ยท Appellant acquitted - Evidence Act,1872 - s.1138. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2013 INSC 746 |
Petitioner | Bhola Ram |
Respondent | State Of Punjab |
SCR | [2013] 12 S.C.R. 573 |
Judgement Date | 2013-11-11 |
Case Number | 1022 |
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