Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry death murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.149, s.498A, s.201 - Dowry death - Allegation that victim-deceased was harassed by accused-in-laws for dowry and one day they poisoned her and threw her dead body in river - Conviction by courts below - Appeal by accused-brother-in-law on the ground that he had separated from his brothers and was not party to ill treatment meted out to the deceased and to the murder - Held: The evidence of PW-9 and 10, the father and the brother of the deceased, to effect that the deceased was subjected to cruelty and harassment did not suffer any dent and, therefore was reliable - Other attendant circumstances such as strong motive, the fact that on the fateful day, accused no. 6 went to the house of PW-9 to inform that deceased was missing, but did not lodge report of missing; that when PW-9 and PW-10 went along with accused no. 6 to the house of the accused, accused no. 6 suddenly deserted them and the fact that all the accused absconded from their house with their belongings led to an irresistible conclusion that the accused were responsible for the death of the deceased - False explanation by accused that the deceased had gone for bath and slipped and got drowned further strengthened the prosecution case - The prosecution having established that the accused treated the deceased with cruelty/harassment for dowry, the accused ought to have disclosed the facts which were in their personal and special knowledge to disprove the prosecution case - They failed to discharge the burden which had shifted to them u/s.106 of the Evidence Act, therefore, adverse inference has to be drawn against the accused - Conviction order not interfered with - Evidence Act, 1872 - s. 106.Administration of Criminal Justice: Scientific test - Investigation - In case of poisoning - Held: Where poisoning is suspected, immediately after the post-mortem, the prosecuting agencies should ensure that the viscera is sent to the FSL for examination and the FSL should ensure that the viscera is examined immediately and report is sent to the investigating agencies/courts post haste - If the viscera report is not received, the concerned court must ask for explanation and must summon the concerned officer of the FSL to give an explanation as to why the viscera report is not forwarded to the investigating agency/court - These scientific tests are of vital importance to a criminal case, particularly when the witnesses are increasingly showing a tendency to turn hostile - In the instant case, all those witnesses who spoke about poisoning of the victim turned hostile - Had the viscera report been on record and the case of poisoning was true, the prosecution would have been on still firmer grounds - Directions passed to prosecuting agency/court. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 37 |
Petitioner | Joshinder Yadav |
Respondent | State Of Bihar |
SCR | [2014] 1 S.C.R. 567 |
Judgement Date | 2014-01-20 |
Case Number | 259 |
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