Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 - s. 304-B - Evidence Act 1872 - s. 113-8 Penal Code |
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. 304-8 - Evidence Act, 1872 - s. 113-8 - Suicide committed by married woman within 4 years of marriage - Death caused due to consumption of pesticide - Conviction of husband-appellant - Justification - Held: Justified - Defence of appellant that death was caused due to some complication at advanced stage of pregnancy, without any basis - Evidence of the witnesses sufficiently established that there was persistent demand for dowry from the side of the accused persons and for non-fulfilment of their demand, the deceased was being subjected to cruelty and harassment - Proximate connection between cruelty, harassment and death of appellant's wife - Sufficient materials showing that the accused persons started demanding television and gold chain etc. after marriage and that their demand continued and the parents were not allowed to meet their daughter unless their demands were fulfilled - Appellant guilty of offence uls.304-8 /PC - Presumption contained in s. 113-B of the Evidence Act fully applicable to the facts of the case.Penal Code, 1860 - s.304-B - Evidence Act, 1872 - s. 113-8 - Dowry death - Requirement of prosecution to prove that soon before death, the victim was subjected to cruelty or harassment - Expression "soon before" - Meaning of - Held: G It is a relative term required to be considered under the specific circumstances of each case and no straight jacket formula can be laid down - Determination of the period which can come within term "soon before" left to be determined by courts depending upon the facts and circumstances of each case - In case of dowry death, circumstances showing the existence of cruelty or harassment to the deceased are not restricted to a particular instances but normally refer to a course of conduct - Such conduct may be spread over a B period of time - If cruelty or harassment or demand of dowry is shown to have persisted, it shall be deemed to be "soon before death". |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 333 |
Petitioner | Dinesh |
Respondent | State Of Haryana |
SCR | [2014] 7 S.C.R. 321 |
Judgement Date | 2014-04-25 |
Case Number | 321 |
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