Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860-ss 304B and 315-Dowry demand Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Penal Code, 1860 - ss 304B and 315 - Dowry demand - Conviction under - Correctness of - Held: Prosecution case clearly established beyond reasonable doubt that victim subjected to cruelty and harassment based on dowry demand by accused-mother in law and father in law, soon before her death-There was repeated dowry demand - Death caused within seven years of marriage - Thus, conviction and sentence by courts below u/s 304B and 306 justified - However, High Court acquitted husband of victim under s. 498A since there was no sufficient evidence of dowry demand against him - Acquittal having not been challenged by State, has attained finality.Judicial restraints - Judicial restraints and discipline are equally necessary to orderly administration of justice - Court should not make disparaging remark against the witness that there was falsehood on his part - Those remarks ordered to be deleted from the record.R was married to M-accused No.1 who was serving in Army. According to the prosecution, R was subjected to cruelty and harassment by accused-husband, mother-in-law and father-in-law in connection with demand of dowry from the day of her marriage. R was told by the accused to get scooter and golden bangle from her parents and if the demands of the accused would not be met with, she should not come back to the matrimonial home. The demand was repeated from time to time. R disclosed the same to her parents during her visit to matrimonial home. However, PW-2-mother of R and other family members repeatedly assured R that the demand would be met when M would come on leave and pacified her to return to matrimonial home. R died after consuming some poisonous substance. Dowry demand was repeated 14 days before the incident. Mother of R lodged FIR. At the time of death, R was pregnant with a child of about 12 weeks. Prosecution witnesses were examined. Accused were charged under sections 304B, 315 and 498A IPC. Trial Court convicted and sentenced accused No. 3-father-in-law of R and accused No. 4-mother-in-law of R, under sections 304B and 315 IPC. With regard to accused No.1, trial Court found that he was serving in Army and was occasionally attending matrimonial home after taking leave and as such could not be convicted under ss. 304B and 315 IPC. However, it held him liable under s 498A IPC. Aggrieved accused filed appeal. High Court upheld the order of trial court with regard to accused Nos. 3 and 4; however acquitted accused No.1 since from the evidence it was not proved that he was responsible for committing an offence punishable under s 498A IPC. Hence, the present appeal.Appellants-accused contended that courts below erred in convicting them for offences punishable under sections 304B and 315 IPC; that there was no demand of dowry by the accused and it could not be said that death of deceased was due to harassment because of demand of dowry; that the evidence PW2-mother, PW4-cousin brother and PW7-real brother was not reliable and evidence ought not to have been believed by Courts below ; that there were material contradictions in their evidence as to when so called demand of scooter and golden bangle was made; and that from the evidence of DW1 and DW2 it was proved that the accused were having scooter and motorcycle, if it were so, there was no occasion to demand scooter. Respondent-State contended that the order of conviction and sentence recorded by the trial court and upheld by the High Court did not call for interference; and that from the prosecution evidence, it was clearly established that deceased was mat-treated and harassed for dowry. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2007 INSC 1051 |
Petitioner | Kishan Singh And Anr. |
Respondent | State Of Punjab |
SCR | [2007] 11 S.C.R. 155 |
Judgement Date | 2007-10-12 |
Case Number | 1612 |
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