Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 304-8 Penal Code 498-A and 306 - Dowry death |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 - ss. 304-8, 498-A and 306 - Dowry death, cruelty by husband or relatives of husband and abetment of suicide - Allegation that the victim was prevented from using the car owned by her brother-in-law and his wife, and in this regard was also taunted by the latter - Victim committing suicide by hanging herself in her matrimonial house four days later- Victim's husband, brother-in-law's wife,and the appellants (two brothers-in-law and mother-in-law of the victim charge sheeted u/ss. 304-B, 498-A and 306 - Petition u/s. 482 Cr.P.C. by the appellants - Charges u/ss. 498-A and 304-B quashed, however, charges u/s 306 upheld . On appeal, held: No proximate link between the incident when the deceased was denied permission to use the car with the factum of suicide which took place four days later - No instances of instigation or a/legations against the appellants. Thus, no offence u/s. 306 made out against the appellants and their conviction u/s. 306 not sustainable - High Court not justified in rejecting the petition filed by the appellants u/s. 482 Cr.P.C. for quashing the charges u/s. 306 against them Charges u/s. 306 against the appellants quashed - Order passed by the High Court set aside - Code of Criminal Procedure, 1973 - s. 482. |
Judge | Hon'ble Mr. Justice Dalveer Bhandari |
Neutral Citation | 2011 INSC 168 |
Petitioner | M. Mohan |
Respondent | The State Represented By The Deputy Superintendent Of Police |
SCR | [2011] 3 S.C.R. 437 |
Judgement Date | 2011-03-01 |
Case Number | 611 |
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