Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry Prohibition Act Dowry death ss. 498A 3048 1860 Penal Code ss. 3 and 4 |
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. 498A, 3048; Dowry Prohibition Act - ss. 3 and 4 - Dowry death - Death by bum injuries - Within 7 years of marriage - Persistent demand of motorcycle and cash by husband and family members - A year prior to death, in a panchayat, compromise deed also executed wherein accused-in-laws undertook to not harass victim-deceased in future - Deceased burnt to death - Haste cremation without waiting for family of the deceased - Courts below held all the accused guilty - Husband and parents-in-law died and case against them abated - Appeal by father-in-law's brother and by brother-in-law and his wife - Held: The brother of the father- in-law of the deceased was not staying in matrimonial home of the deceased - There was no material to show that there was persistent demand by him - Mere demand of dowry at one or two instances would not attract s. 304-8 - He is liable to conviction u/s.498A but not u/s.304-8 - As regard the brother-in-Jaw and his wife, they were staying in the same house - Courts below convicted them u/s. 304-8 and there was no infirmity in the concurrent findings recorded by courts below - Their conviction u/s.498-A and s.304-8 upheld - Evidence Act, 1872 - s.113B. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2014 INSC 806 |
Petitioner | Jagdish & Ors. |
Respondent | State Of Uttaranchal |
SCR | [2014] 11 S.C.R. 191 |
Judgement Date | 2014-11-25 |
Case Number | 1097 |
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