Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s.498A - Suicide by married woman |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860:s.498A - Suicide by married woman - Allegation of maltreatment and cruelty against husband on account of demand of dowry - Victim-deceased had left matrimonial home just after one year of marriage and stayed with her parents for 14 months continuously - She rejoined matrimonial home only at the assurance given in the panchayat by accused and his family members that she would not be humiliated and subjected to cruelty - Three years aftermarriage, she committed suicide - Conviction of husband u/s.498A - Challenged - Held: While considering the case u/ s.498-A, cruelty has to be proved during the close proximity of time of death and should be continuous making life of the deceased miserable forcing her to commit suicide - Jn the instant case, there was demand of scooter by the accused in the close proximity of the death - The demand was consistent and persistent as the father and the brother of the deceased had specifically deposed that the demand was only in respect of scooter and nothing else - Both these witnesses were subjected to long cross-examination, however, nothing could be elicited from them to show that the a/legations made by the prosecution could be false - Conviction upheld - Evidence Act, 1872 - s. 113B.Evidence Act, 1872 s. 113A and s. 113B - Distinction between.s. 1138 - Necessary ingredients - DiscussedEvidence:Suicide note - Evidentiary value of - On facts, held: The authorship of the suicide note was not proved by producing witnesses nor the said document was sent to handwriting expert along with the admitted signature of the deceased for comparison - Prosecution could not establish nexus of the deceased with the said note - Onus was on the accused to establish his defence by sufficient evidence to rebut presumption that he had caused the dowry death, which he failed to discharge - Courts below were right in ignoring the said note - Penal Code, 1860 - ss.304B, 498A. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2011 INSC 120 |
Petitioner | Bansi Lal |
Respondent | State Of Haryana |
SCR | [2011] 1 S.C.R. 724 |
Judgement Date | 2011-01-14 |
Case Number | 1322 |
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