Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Cruelty Abetment of suicide Conducting of trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Indian Penal Code (45 of 1860) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF IND/A, 1950: Art. 136 - Scope of -- Held: When a conclusion is arrived at by courts below which is manifestly erroneous and unsupported by evidence on record, Supreme Court, in exercise of power under Art. 136, can re-evaluate evidence and interfere. PENAL CODE, 1860: s.304-B, s.306 read with s.498-A - 'Cruelty' - Abetment of suicide - Death of a young bride in her matrimonial home - Conviction and sentence of 7 yrs. RI u/s 304-B by courts below - Held: Trial court as well as High Court has accepted the evidence of prosecution witnesses that there was demand of dowry - But, an examination of their evidence makes it evident that they have only made a bald statement that accused persons were not satisfied with the dowry and were asking the bride to bring the stated amount a sum of F Rs.50,000/- Thus, on the base of such sketchy evidence, it is difficult to concur with the finding that there was demand of dowry by accused-husband and harassment pertained to such a demand ~ The conclusion on this score is based on certain a prior notions - However, it has come out in evidence that there was ill-treatment by mother-in-law and husband - Bride was in her early twenties - She was turned out of matrimonial home on certain occasions - This aspect has been established beyond doubt - Considering the evidence of prosecution witnesses, it is a case where the bride was totally insensitively treated with cruelty and harassed because of which she put an end to her life. s.304-B, s.306 read with s.498-A - Held: Though charge has not been framed u/s 306 yet, it is evident that accused were aware that they were facing a charge u/s 304B IPC which related not to administration of poison but to consumption of poison by deceased because of demand of dowry and harassment - It is major offence in comparison to s. 306 which C deals with abetment to suicide by a bride in the context of clause (a) of s. 498A - Thus, basic ingredients of offence u/s 306 have been established by prosecution inasmuch as death has occurred within seven years in an abnormal circumstance and deceased was meted out with mental cruelty - Accordingly, conviction from one u/s 304B is converted to that u/s 306 - As accused has spent almost five years in custody, sentence is limited to period already undergone - Code of Criminal Procedure, 1973 - s.313. CRIMINAL TRIAL: Conducting of trial - Adjournments - Held: A criminal trial has its own gravity and sanctity -- Trial courts shall keep in mind the statutory provisions and their interpretation by Supreme Court -- They should not become mute spectators when a trial is being conducted by allowing the control to counsel for parties - They are required to monitor - Besides, dispensation of criminal justice is not only a concern of the Bench but has to be the concern of the Bar as well - Administration of justice reflects its purity when the Bench and the Bar perform their duties with utmost sincerity - An advocate cannot afford to bring any kind of disrespect to fairness of trial by taking recourse to subterfuges for procrastinating the same - In the instant case, trial was conducted in an extremely haphazard and piecemeal manner - Adjournments were granted on a mere asking - Cross-examination of witnesses were deferred without recording any special reason and dates were given after a long gap - Court expresses its concern about the manner in which trial had been conducted - Administration of justice - Criminal justice - Code of Criminal Procedure, 1973 - s. 309 - Advocates. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 339 |
Petitioner | Gurnaib Singh |
Respondent | State Of Punjab |
SCR | [2013] 3 S.C.R. 563 |
Judgement Date | 2023-05-10 |
Case Number | 744 |
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