NDLI: Vipin Jaiswal(a-1) Vs. State of A.p. Rep.by Pub.prosecutor

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Dowry demand
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Dowry Prohibition Act, 1961 (28 of 1961) Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Penal Code, 1860 - ss. 3048 and 498A - Death of married woman -Conviction of appellant-husband u/ss.3048 C and 498A - Justification - Held: Not justified - Demand, if at all made by the appellant on the deceased for purchasing a computer to start a business six months after the marriage, was not in connection with the marriage and was not really a 'dowry demand' within the meaning of s.2 of the Dowry Prohibition Act, 1961 - In any case, the prosecution witnesses made general allegations of harassment by the appellant towards the deceased and did not bring in evidence any specific acts of cruelty or harassment by the appellant on the deceased - On the other hand, from the evidence of appellant (DW1), it is clear that while cleaning the house he came across a chit (Ext. D19) written in the handwriting of his wife and containing her signature - It appears from Ext. D19 that the deceased wrote the chit according to her free will saying that nobody was responsible for her death and that her parents and family members had harassed her husband and she was taking the step as she was fed up with her fife because of the quarrels that were taking place - Evidence of DW1 (appellant) and Ext.D19 cast a reasonable doubt on the prosecution story that the deceased was subjected to harassment or cruelty in connection with demand of dowry - Since the prosecution was not able to prove beyond reasonable doubt the. ingredient of harassment or cruelty, neither of the offences u/ss.498A and 3048, IPC has been made out by the prosecution - Dowry Prohibition Act, 1961 - s.2.The wife of appellant died due to burn injuries. The prosecution alleged that ever since her marriage, the deceased was subjected to physical and mental torture by her husband and in-laws and they all brutally assaulted her on innumerable occasions for not getting sufficient dowry. Charge-sheet was submitted against the appellant and his relatives under Sections 498A and 3048 IPC. The appellant took the defence that the deceased had left behind a suicide note written by her one day before her death in which she has stated that she had committed suicide not on account of any harassment by the appellant and her family members but due to the harassment by her own parents. The Trial Court, however, disbelieved the defence and convicted the appellant and his other relatives under Sections 304B and 498A, IPC holding that the deceased was subjected to torture and harassment by the accused, mainly for the reason that an amount of Rs.50,000/- was not given to the appellant by the father of the deceased (PW1). In appeal, High Court acquitted the two other relatives of the appellant (A2 and A3) but maintained the conviction of the appellant under Sections 304B and 498A, IPC and therefore the present appeal.
Judge	Hon'ble Mr. Justice A.K. Patnaik
Neutral Citation	2013 INSC 159
Petitioner	Vipin Jaiswal(a-1)
Respondent	State Of A.p. Rep.by Pub.prosecutor
SCR	[2013] 3 S.C.R. 449
Judgement Date	2013-03-13
Case Number	1431

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Vipin Jaiswal(a-1) Vs. State of A.p. Rep.by Pub.prosecutor

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Vipin Jaiswal(a-1) Vs. State of A.p. Rep.by Pub.prosecutor

Vipin Jaiswal(a-1) Vs. State of A.p. Rep.by Pub.prosecutor

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Vipin Jaiswal(a-1) Vs. State of A.p. Rep.by Pub.prosecutor