Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-Section 306 Indian Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Indian Penal Code, 1860-Section 306-Acquittal for offence under-Suicide by young bride-Case of maltreatment and instigating deceased to commit suicide-not proved-Acquittal legally sustainable. The respondents were convicted by the Sessions Judge on a charge u/s 306 IPC. In appeal, the judgment of conviction was set aside. This appeal has been filed against the judgment of acquittal as recorded by the High Court. According to the prosecution, the deceased got married to accused in February, 1978 and shortly after the marriage, she was ill treated by the accused for not bringing sufficient dowry; that PW 14, the sister of the mother of the deceased being the resident of the same town, the accused did not like the deceased going to her aunt's house or the members of the aunts' family visiting the house of the accused and therefore, being depressed mentally, the deceased committed suicide in July, 1978. The prosecution mainly relied on the depositions made by the mother, the aunt and cousin brother of the deceased. PW 6 examined by the prosecution deposed that about 15 minutes before the incident, he had been to his friend's house which was very close to the house of the accused and therefrom be heard that deceased was being instigated to commit suicide by burning or by drowning. The Sessions Judge held that the deceased had been ill-treated and demand of dowry had been made by the accused and the little girl felt humiliated because of the taunts given to her and harsh treatment meted out to her. The accused were convicted for the offence u/s 306 IPC. In the appeal filed by the accused, the High Court set aside the conviction while holding that in the facts of the case, there was no convincing evidence to support the case of instigating the deceased to commit suicide. In this appeal filed against the order of acquittal, the appellant submitted that the mother, the aunt and the cousin of the deceased had deposed that demand of dowry had been made by the accused and for not getting the dowry as demanded by them, they had maltreated the deceased and this maltreatment continued shortly after the marriage; that the poor girl was rebuked for visiting the house of the aunt and even when the aunt had visited the house of the accused, the treatment meted out to the aunt had seriously injured the sentiments of the poor girl and that there was no reason to discard the evidence of PW 6 who had heard instigation of committing suicide immediately before the incident and therefore, the judgment of acquittal being against the weight of evidence should be interfered with by this Court. Dismissing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 846 |
Petitioner | State Of Punjab |
Respondent | Gurdip Singh And Ors. |
SCR | [1995] Supp. (6) S.C.R. 252 |
Judgement Date | 1995-12-05 |
Case Number | 919 |
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