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 |
Act(s) Referred | Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - s.3048:Offence of Dowry death - Ingredients required to be proved by the prosecution Stated.Dowry - Meaning of - Held: For purposes of s. 3048 IPC, 'dowry' has the same meaning as in s.2 of the Dowry Prohibition Act - Mere demand for 'dowry' before marriage, at the time of marriage or any time after the marriage is an offence . The term 'dowry' is defined comprehensively to include properties of all sorts as it takes within its fold 'any property or valuable security' given or agreed to be given in connection with marriage either directly or indirectly - If a demand for property or valuable security, directly or indirectly, has a nexus with marriage, such demand would constitute 'demand for dowry'; the cause or reason for such demand being immaterial - Dowry Prohibition Act, 1961 - s.2. Dowry death - Wife of appellant no.2 died within 3 months of her marriage - She was found dead by hanging from a ceiling fan in the appellants' house - Allegation that deceased was subjected to cruelty and harassment by appellant no. 1 (mother-in~law) and appellant no.2 in connection with demand of motorcycle - Conviction of the appellants u/s.304-8 IPC. Challenge to - Held: That the deceased was subjected to harassment and ill-treatment by the appellants after PW-8 (father of the deceased) refused to accede to their demand for purchase of motorcycle is established by the evidence of PW-8 and PW-9- Then there is evidence of PW-10 that PW- 8 had called him and DW-1 to his house where appellant no.1 had made demand of motorcycle - PW-10 stated that he sought to reason to appellant no. 1 about inability of PW-8 to give motorcycle at which appellant ho. 1 got angry and warned that the deceased would not be allowed to stay in her matrimonial home . It was established that unlawful demand of motorcycle was made by the appellants from PW-8 and the deceased was harassed on account of his failure to provide the motorcycle and that led the deceased to commit suicide by hanging - The demand of motorcycle by appellant no. 1 from PW-8 was for the appellant no.2 and when PW-8 showed his inability to meet that demand, the appellant no.2 started harassing and ill-treating the deceased - In this view of the matter, it cannot be said that there was no demand by the appellant no.2 - No merit in the contention of the appellants that the demand of motorcycle does not qualify as a 'demand for dowry' - All the essential ingredients to bring home the guilt under s. 3048 IPC were established against the appellants by the prosecution evidence -Presumption under s. 1138 of the Evidence Act was fully attracted . The appellants failed to rebut such presumption - Evidence Act, 1872 - s.113B. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 108 |
Petitioner | Bachni Devi And Anr. |
Respondent | State Of Haryana Through Secretary, Home Department |
SCR | [2011] 2 S.C.R. 627 |
Judgement Date | 2011-02-08 |
Case Number | 831 |
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