Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860-Sections 306 and 498-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860-Sections 306 and 498-A-Prosecution case that wife committed suicide along with her 1 1/2 years old daughter owing to cruelty and harassment meted out to her by her husband and his mother-Two inconsistent dying declarations recorded-Complicity of husband disclosed only in the second declaration-No allegation by wife's father and other relatives with regard to torture and harassment-According to them there was some misunderstanding between husband and wife-Wife annoyed with the fact of bringing up children of her husbands' deceased sister by her husband's family-Conviction of husband and his mother under sections 498-A and 306-High Court upheld conviction under section 498-A but set aside conviction under section 306-On appeal Held: Act causing annoyance to wife cannot be equated with cruelty and harassment-Also dying declaration inconsistent and no other evidence to prove allegation of cruelty and harassment meted out to wife-Hence, conviction under section 498-A set aside-Evidence Act, 1872-Sections 3 and 32.Evidence Act, 1872:Section 32-Two dying declaration-inconsistency between-Evidentiary value of-Held: It is not safe to act solely on such declarations to convict the accused.Section 3-Hostile witness-Testimony--Evidentiary value of-Held: Their evidence does not automatically get rejected-If the evidence finds corroboration from the facts of the case, it may be taken into account while judging the guilt of the accused. |
Judge | Hon'ble Mr. Justice B.P. Singh |
Neutral Citation | 2004 INSC 134 |
Petitioner | Lella Srinivasa Rao |
Respondent | State Of Andhra Pradesh |
SCR | [2004] 2 S.C.R. 659 |
Judgement Date | 2004-02-26 |
Case Number | 946 |
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