Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration: Whether the High Court committed any error in passing the impugned judgment holding the husband and in-laws guilty for the offence punishable u/ss. 498A, 304B read with 34 IPC. Evidence – Circumstantial evidence – Dowry demand by husband and in-laws – Commission of suicide by victim-wife on account of consumption of poison – However, post mortem report silent as to the exact cause of death and the viscera report silent as to traces of poison being found therein – Effect of, on prosecution case:Held: Considering the overall evidence on record, in the absence of any positive viscera report, it could not be said that the prosecution failed to establish its case – Absence of detection of poison in the viscera report alone need not be treated as a conclusive proof of the fact that the victim has not died of poison – Intrinsic evidence on record to indicate that the case is one of suicide by poison – Deposition of Medical Officer who performed the post mortem that odour material with pungent smell found in the stomach – Expert opined that in cases of consumption of poison, such kind of pungent smell would be found – Furthermore, viscera was received by the FSL for chemical analysis after five months – Medical Officer admitted that if there is any delay in forwarding the viscera sample for chemical examination, the poison may not be detected – In view thereof, the concurrent findings by the courts below holding the husband and the in-laws guilty for the offence punishable u/ ss. 498A, 304B read with 34 IPC not interfered with. [Paras 23, 26, 27, 30, 38, 39] |
Judge | N/A |
Neutral Citation | 2023 INSC 1084 |
Petitioner | Buddhadeb Saha & Ors. |
Respondent | The State Of West Bengal |
SCR | [2023] 15 S.C.R. 332 |
Judgement Date | 2023-09-13 |
Case Number | 1692 |
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