Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.306 Penal Code |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: s.306 - Abetment of suicide - Unnatural death of married woman - Allegation of maltreatment of victim by husband and parents-in-law on account of dowry demand - Victim found dead - Medical opinion that death was caused by poisoning - Trial court convicted accused u/s.3048 - High Court held that case u/s. 304B was not made out but accused were liable to conviction u/s. 306 for having abetted the suicide of the victim - SLPs filed by husband and parents-in-law - SLP of husband dismissed - In respect of appeal filed by parents-in-law, held: There was no evidence to show that suicide was a dowry death E as evidence with respect to the demand for dowry was vague and stale - In the background of the findings recorded while acquitting the accused of the charge u/s. 304B, no inferences or presumptions can be drawn - Cruelty means any wilful conduct of such a nature as was likely to drive a woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) to the woman - Evidence of victim's brother that the victim wanted to join service but her parents-in-law were old and insisted her to stay at home to look after household chores and this led her into G depression and to commit suicide - Difference of opinion within a family on everyday mundane matters would not fall within the category of wilful conduct - Merely because the parents-in-law wanted her to look after them In old age could not be abetment of suicide - Presumption against them u/ s S.113A of the Evidence Act,1872 cannot be drawn. High Court's judgement suffers from serious contradictions. Conviction set aside. |
Judge | N/A |
Neutral Citation | 2011 INSC 95 |
Petitioner | Nachhattar Singh & Ors. |
Respondent | State Of Punjab |
SCR | [2011] 2 S.C.R. 478 |
Judgement Date | 2011-02-03 |
Case Number | 808 |
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