Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 498A and 306 - Dowry death Penal Code 1860- ss. 3048 |
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. 3048, 498A and 306 - Dowry death - Prosecution against husband, his mother and his siblings - Prosecution abated against mother due tn her death - Conviction by courts below - Husband-accused undergone the sentence awarded-Appeal by the accused-siblings of husband- Held: Offence u/s 3048 can be said to have been committed not only when 'demand of dowry' is made, but also when 'cruelty or harassment' for or in connection with such demand, is made - There is no material to show that the appellants-accused harassed the victim resulting in her death - Moreover, the possibility of exaggeration in prosecution version in implicating all the family members cannot be ruled out- Therefore, appellants-accused acquitted uls 3048 giving them benefit of doubt -Conviction under other offences is upheld. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2015 INSC 336 |
Petitioner | Monju Roy & Ors. |
Respondent | State Of West Bengal |
SCR | [2015] 6 S.C.R. 275 |
Judgement Date | 2015-04-17 |
Case Number | 1797 |
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