Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.3048 - Presumption under - Essential ingredients PENAL CODE |
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: s.304B - Presumption under - Essential ingredients - Discussed - In the instant case, the victim-deceased was subjected to harassment in connection with dowry demand and she died on account of burn injuries - Conviction of husband u/s.304B by courts below - On appeal, held: The statement of the mother of the deceased PW 1 was general and not specific - No specific incident was indicated suggesting the cruelty or harassment made by the accused-husband - The statement of PW 1 was not reliable and not trustworthy - Though the allegation of demand of dowry was made, none of the witnesses including PW 1 stated that the deceased was harassed "soon before her death" for or in connection with demand of dowry - The accused was charge-sheeted u/ss. 498-A and 304-8 but the trial court did not convict the accused u/s.498-A - In this background, the prosecution miserably failed to prove that the accused harassed the deceased soon before her death for or in connection with a demand of dowry - Accused acquitted from the charge u/s. 304B - Crime against women. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 439 |
Petitioner | Manohar Lal |
Respondent | State Of Haryana |
SCR | [2014] 6 S.C.R. 263 |
Judgement Date | 2014-07-01 |
Case Number | 1188 |
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