Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – s.304-B – Death of married woman after she consumed poison in her matrimonial home – Conviction of appellant-husband by Courts below – Challenge to – Held: On facts, not acceptable – Death was caused within seven years of marriage in “otherwise than under normal circumstances” – Consistent and confidence inspiring testimony of deceased’s father (PW4) about continuing harassment meted out to deceased on account of dowry – Prosecution having satisfied the necessary ingredients u/s.304B IPC, the presumption u/s.113-B, Evidence Act took full effect, which was not rebutted by the appellant – Courts below did not err in convicting appellant u/s.304-B, IPC as appellant failed to discharge the burden u.s.113-B, Evidence Act – Evidence Act, 1872 – s.113B. Penal Code, 1860 – ss. 304B and 498A – Plea that conviction u/s.304B cannot be sustained without any charges u/s. 498A – Held: Is not tenable – Offences u/s.498A and s.304B, IPC are distinct in nature – Although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution – If a case is made out, there can be a conviction under both the sections. Penal Code, 1860 – s.304-B – Conviction under – Necessary ingredients –Ingredient as to existence of dowry demand “soon before her death” – Interpretation of – Held: The expression “soon before” cannot be interpreted to mean “immediately before”, rather the prosecution has to show that there existed a “proximate and live link” between the cruelty and the consequential death of the victim – Words and Phrases – Expressions “soon before”, “immediately before” and “proximate and live link” Penal Code, 1860 – s.304-B – Guidelines issued by SupremeCourt in Satbir Singh case relating to trial u/s.304B – Re-iterated.Evidence Act, 1872 – s.113B – Presumption of causation –Held: Once the necessary ingredients u/s.304-B, IPC stand satisfied,a presumption of causation arises against the accused u/s.113-B,Evidence Act and the accused has to rebut this statutory presumption– Penal Code, 1860 – s.304B |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2021 INSC 299 |
Petitioner | Gurmeet Singh |
Respondent | State Of Punjab |
SCR | [2021] 7 S.C.R. 153 |
Judgement Date | 2021-05-28 |
Case Number | 1731 |
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