Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.304B Evidence Act Poisoning alleged 1872 Applicability of s.113B Dowry Death IPC |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 – s.304B – Dowry Death – Poisoningalleged – Appellants (husband, father-in-law and mother-in-law)acquitted by trial court – Acquittal set aside by High Court – Onappeal, held: PW1 (father of the victim) admitted that there was nodemand for dowry before or at the time of marriage – Version aboutthe demand for Rs.10 lakhs by first appellant (husband) is whollyunacceptable – Further, there is no evidence that the deceased diedof poisoning – Police did not recover any poison from the appellantsor their house – FSL report categorically rules out the presence ofany poison – Prosecution not able to establish that the cause ofdeath was unnatural – Appellants in their questioning u/s.313 setup the case of Tuberculosis (TB) – PW5-Doctor opined that thedeath could have taken place due to TB, leading to congestion ofinternal organs – s.113B not applicable in the present case –Impugned judgment set aside while that of Sessions Judge is restored– Evidence Act, 1872 – s.113B – Code of Criminal Procedure, 1973– ss.378, 386, 313.Penal Code, 1860 – s.304B – Dowry Death – Ingredients –Held: A marriage performed within seven years before the death ofwife; death must be unnatural; soon before the death, the deceasedwife must have been at the receiving end of cruelty or harassment,on account of demand for dowry.Evidence Act, 1872 – s.113B – Applicability of – Discussed. |
Judge | Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2020 INSC 671 |
Petitioner | Sandeep Kumar And Others |
Respondent | State Of Uttarakhand And Another |
SCR | [2020] 13 S.C.R. 848 |
Judgement Date | 2020-12-02 |
Case Number | 1512 |
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