NDLI: Kashmira Devi Vs. State of Uttarakhand & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code Dowry Death
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 – ss.304-B, 498-A – Case of the prosecution is that victim (since deceased) was married to proforma respondent no.3 – Accused persons used to beat and harass the victim – Due to such ill treatment by her in-laws for dowry the victim came back to her parental house – PW1 (mother of the victim) & PW3 (father) sent her back to matrimonial house – PW1 through the news spread amongst the villagers got to know that the victim was burnt – Trial court acquitted appellant (mother-in-law) and the other accused persons – High Court convicted the appellant u/s.304-B r/w s.498- A, IPC and awarded life imprisonment – Held: From the evidence of PW1, prosecution has proved that “soon before the death”, deceased was subjected to cruelty and harassment – When prosecution has established the same and also that within seven years of marriage the victim had died an unnatural death, the presumption u/s.113-B, Evidence Act is to be raised against the appellant that she caused the dowry death – Once the prosecution is able to establish the ingredients of s.304B, IPC, it is for the accused to rebut the presumption – But the accused did not adduce any reliable evidence to rebut the presumption – Further, there were three dying declarations of the victim – Since it has come in evidence that at the time of recording the first two dying declarations, her in- laws were present, it cannot be said that the statement was recorded voluntarily and without fear – During the third dying declaration, parents of the victim had come and she gave the statement without any fear – Said statement refers to the incident and the manner in which it had occurred – Indicator to the truthfulness of such statement is that the deceased only mentioned about the appellant who indulged in the act of pouring kerosene and setting her on fire – She did not implicate her husband nor her father-in-law who was in the house – Conviction of the appellant is affirmed – However, sentence of imprisonment for life is altered to rigorous imprisonment for seven years including the period of sentence already undergone by the appellant – Fine as imposed and default sentence is sustained – Evidence Act, 1872 – s.113-B.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2020 INSC 99
Petitioner	Kashmira Devi
Respondent	State Of Uttarakhand & Ors.
SCR	[2020] 1 S.C.R. 152
Judgement Date	2020-01-28
Case Number	724

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Kashmira Devi Vs. State of Uttarakhand & Ors.

Please Log-in to view this content

Devender Singh & Ors. Vs. The State of Uttarakhand

Rajesh Bhatnagar Vs. State of Uttarakhand

Deen Dayal & Ors. Vs. State of U.p.

Jagdish & Ors. Vs. State of Uttaranchal

State of Punjab Vs. Iqbal Singh and Ors.

Monju Roy & Ors. Vs. State of West Bengal

Major Singh & Anr. Vs. State of Punjab

Prem Kanwar Vs. State of Rajasthan

M. Srinivasulu Vs. State of A.p.

Kashmira Devi Vs. State of Uttarakhand & Ors.

Kashmira Devi Vs. State of Uttarakhand & Ors.

Please Log-in to view this content

Similar Documents

Devender Singh & Ors. Vs. The State of Uttarakhand

Rajesh Bhatnagar Vs. State of Uttarakhand

Deen Dayal & Ors. Vs. State of U.p.

Jagdish & Ors. Vs. State of Uttaranchal

State of Punjab Vs. Iqbal Singh and Ors.

Monju Roy & Ors. Vs. State of West Bengal

Major Singh & Anr. Vs. State of Punjab

Prem Kanwar Vs. State of Rajasthan

M. Srinivasulu Vs. State of A.p.

Kashmira Devi Vs. State of Uttarakhand & Ors.