Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry Prohibition Act Indian Penal Code 1961 1860 Section 498A r/w section 34 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: ss.498A, 304B r/w s.34 — Dowry Prohibition Act, 1961 — ss.3, 4 and 6 — Dowry death - Victim deceased was subjected to dowry demands, cruelty and harassment by the husband, his brother and parents — She died of burn injuries within 7 years of marriage — Trial court convicted all the four accused persons wu/ss.498A, 304B r/y s.34 IPC and ss.3, 4 and 6 of Act of 1961 holding that taunts and physical torture at the hands of accused were established from eye witnesses account — High Court upheld conviction of husband-respondent — As regards the other 3 accused they were acquitted on the ground that they had played no role in the death of the deceased and also the mother and brother of the victim-deceased did not attribute any kind of overt acts of cruelty or harassment to the other accused — State’s appeal against acquittal — Held: The testimony of PW1-the mother of the victim-deceased showed that the monetary gifts given to husband and his family members were in the nature of customary gifts exchanged during different ceremonies and, therefore they were in accord with prevailing practice and tradition ~ Demand of Rs.20,000 for purchase of agricultural land was made two years before the occurrence which also does not satisfy the requirement of ‘soon before her death’ contemplated u/s.304B — As regards the demand of sewing machine, PW1 testified that sewing machine was really a gift to the deceased as she knew tailoring — In view of testimony of PWI, it cannot be considered as demand made by deceased's husband for himself or for his family members - There was no further attribution, as against the respondents-accused nos. 2 to 4 — In such view of the matter, the culpability of respondent-accused nos. 2 to 4, in the entire occurrence was not established — High Court was, therefore, fully justified in acquitting respondent-accused nos. 2 to 4, for the said offences. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 168 |
Petitioner | State Of Karnataka |
Respondent | Dattaraj & Others |
SCR | [2016] 2 S.C.R. 570 |
Judgement Date | 2016-02-15 |
Case Number | 326 |
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