Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Evidence Act abetment of suicide |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Penal Code (45 of 1860) Indian Evidence Act, 1872 (1 of 1872) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Evidence Act, 1872: s. 113-A - Presumption as to abetment of suicide - 'Cruelty' - Suicide by second wife of appellant -. Conviction of appellant u/ss 306 and 498-A - Held: It is not the case of prosecution that appellant had subjected the deceased to cruelty of the nature described in clause (b) of Explanation (b) to s.498A, /PC - As regards clause (a) of the Explanation, prosecution has not been able to prove beyond reasonable doubt that appellant was guilty of any wilful conduct which was of such a nature as was likely to drive deceased to commit suicide - Therefore, presumption u/s 113A is not attracted and the appellant cannot also be held guilty of abetting suicide of deceased - Judgment of courts below holding the appellant guilty of offences punishable u/ss 306 and 498-A /PC are set aside - Penal Code, 1860 - ss. 306 and 498-A.The appellant, his first wife and his parents were prosecuted for committing offences punishable u/ss 306 and 498 read with s.34 IPC, on the allegations that the accused ill-treated the second wife of the appellant and did not give her food for two days because she delivered a female child, as a result of which she jumped into a well with her daughter and committed suicide. The trial court, on the strength of s.113-A of the Evidence Act, 1872, convicted the accused of the offences charged and sentenced to them to imprisonment of three years and a fine of Rs.5000/- each. The High Court affirmed the conviction and sentence of the appellant, but .acquitted the other accused. |
Judge | Hon'ble Mr. Justice A.K. Patnaik |
Neutral Citation | 2013 INSC 87 |
Petitioner | Atmaram S/o Raysingh Rathod |
Respondent | State Of Maharashtra |
SCR | [2013] 1 S.C.R. 867 |
Judgement Date | 2013-02-08 |
Case Number | 985 |
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