Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - ss. 306 498A Penal Code |
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 - ss. 306, 498A - Evidence Act, 1872 - s. 113A - Presumption as to abetment of suicide by a married woman - On facts, wife committed suicide within jive years of C marriage - Dying declaration made to SDM that her in-laws quarreling with her every day - Trial court held that offence uls. 498A not made out but convicted the in-laws u/s. 306 and sentenced accordingly - Said order upheld by the High Court - On appeal, held: Victim was not subjected to cruelty by in-laws - In-laws were absolved of the charge of cruelty, the most basic ingredient for the offence uls. 498A, the third ingredient for application of s. 113A is missing - Presumption u/s. 113A would not apply since no link or intention on the part of in-laws to assist the victim to commit suicide - In the absence thereof, mere fact that there is a finding of harassment would not lead to the conclusion that there is abetment of suicide - Thus, since in-laws were acquitted for crime u/s. 498A, abetment of suicide uls. 306 not made out - Order passed by the High Court set aside |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 390 |
Petitioner | Heera Lal And Anr. |
Respondent | State Of Rajasthan |
SCR | [2017] 3 S.C.R. 259 |
Judgement Date | 2017-04-24 |
Case Number | 790 |
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