Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss. 3048 and 498A |
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. 304B and 498A - Dowry death — Prosecution case that victim-wife committed suicide due to harassment for dowry by her husband and in-laws within one year of marriage ~ Two months prior to her death she informed her brothers of cruelty connected with dowry demand — Conviction and sentence of husband, brother-in-law and father-in-law of the victim u/ss. 304B and 498A by the trial court — High Court acquitting the brother-in-law and father-in- law of the victim, however, upholding the conviction and sentence of the husband — On appeal, held: Once the concomitants of dowry death are established or shown or proved by the prosecution, even by preponderance of possibility, the presumption of innocence is replaced by an assumption of guilt of the accused, whereupon a heavy burden is cast on the shoulders of the accused to displace the deemed culpability beyond reasonable doubt, and not merely by preponderance of evidence Prosecution has not shown/ presented and or proved even by preponderance of probabilities that the deceased had been treated with cruelty emanating from or founded on dowry demands — Ingestion of aluminium phosphate may have been accidental ~ Due to the insufficiency or the unsatisfactory nature of the facts or circumstances shown by the prosecution, burden of proving his innocence not shifted to the appellant ~ Thus, order of conviction and sentence of the appellant set aside. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 21 |
Petitioner | Sher Singh @ Partapa |
Respondent | State Of Haryana |
SCR | [2015] 1 S.C.R. 29 |
Judgement Date | 2015-01-09 |
Case Number | 1592 |
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