Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860 - ss.498A and 306 - Married woman died of burn injuries at her matrimonial home |
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.498A and 306 - Married woman died of burn injuries at her matrimonial home few months after marriage, while appellant-husband was away at his place of work - No evidence to show whether it was an accidental death or whether the deceased had committed suicide - Conviction of appellant-husband u/ss.498A and 306 - Justification - Held: Not justified - Circumstances of the case as pointed out by the prosecution totally insufficient to hold that the appellant had abetted his wife to commit suicide and the circumstances enumerated u/s. 113A of the Evidence Act also not satisfied - Every reason to believe that, in the instant case, the death was accidental - Possibility of accidental death, since deceased was suffering from Epilepsy, cannot be ruled out - Evidently, deceased was in the kitchen and, might be, during cooking she might have suffered Epileptic symptoms and fell down on the gas stove and might have caught fire, resulting in her ultimate death - DW2, ASI, the Investigating Officer of the case, deposed that he had recorded the statements of the deceased wherein she had stated that she was suffering from Epilepsy for the last three years before the incident and that on the incident date, while she was preparing meals on stove, she had an attack of fits and fell on the stove and caught fire - Deceased had also deposed at that time that her husband was away at duty when the incident occurred - The trial Court as well as the High Court did not properly appreciate the scope of ss. 498-A and 306 IPC - Alleged dowry demand of Rs. 10, 000/- and the demand of scooter, stated to have been made by the appellant, not established - The fact that appellant had left deceased in the matrimonial home in the company of his parents would not amount to abetment to commit suicide - The prosecution did not succeed in establishing the offence u/ss.498-A and 306 /PC against the appellant -Evidence Act, 1872 - s. 113A. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2014 INSC 214 |
Petitioner | Mangat Ram |
Respondent | State Of Haryana |
SCR | [2014] 4 S.C.R. 988 |
Judgement Date | 2014-03-27 |
Case Number | 696 |
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