NDLI: Gurjit Singh Vs. State of Punjab

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1872 Cruelty and harassment on account of dowry demand Evidence Act s.498-A IPC s.113-A
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860: s.498-A – Cruelty and harassment on account of dowry demand – Prosecution proved that the deceased was harassed with a view to force her and her parents to meet unlawful demand for money and such a harassment was on account of failure by her and her parents to meet such a demand –Thus, charge under Explanation (b) of s.498-A was proved. Penal Code, 1860: ss.306, 498-A – Whether when the prosecution established cruelty under Explanation (b) of s.498-A and also established that the deceased committed suicide within seven years of the marriage, the accused could also be held guilty for the offence punishable under s.306 with the aid of s.113-A of the Evidence Act – Held: Merely because an accused is found guilty of an offence punishable under s.498-A and the death occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under s.306 by employing the presumption under s.113-A of the Evidence Act – Unless the prosecution establishes that some act or illegal omission by the accused drove the deceased to commit the suicide, the conviction under s.306 would not be tenable – Though the prosecution is successful in proving the case under s.498-A, the prosecution failed to establish beyond reasonable doubt that any act or omission of the accused instigated the deceased to commit suicide – There was no evidence on record to show that immediately prior to the deceased committing suicide there was a cruelty meted out to the deceased by the accused due to which the deceased had no other option than to commit the suicide – The evidence on record further showed that the time gap between the last visit of the deceased to her parents with regard to the illegal demand and the date of commission of suicide was about two months – As such, there was nothing to show a proximate nexus between the commission of suicide and the illegal demand made by the appellant – Further, the cases wherein the conviction under s.306 had been held tenable by this court, even though the charge was only under s.304B, it was found that the charge in those cases specifically stated that the deceased was driven to commit suicide on account of cruelty meted out to the deceased – However, in the instant case, the charge did not state that the deceased was driven to commit suicide on account of the harassment meted out to the deceased – It did not mention that the accused had abetted in commission of suicide by the deceased – Therefore, conviction under s.498-A is maintained and conviction under s.306 is set aside – Evidence Act, 1872 – s.113-A.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai
Neutral Citation	2019 INSC 1281
Petitioner	Gurjit Singh
Respondent	State Of Punjab
SCR	[2019] 14 S.C.R. 232
Judgement Date	2019-11-26
Case Number	1492

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