Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.3048 - Presumption under - C Essential ingredients - Discussed 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.3048 - Presumption under - C Essential ingredients - Discussed - In the instant case, the victim-deceased was harassed by accused-husband on account of dowry demand - Victim informed her brother a day prior to incident about the torture in connection with dowry - The next day, when the brother and maternal uncle of the victim went to the matrimonial home of deceased they found her dead body in burnt condition - Courts below convicted accused-husband u/s.3048 - On appeal, held: The statements of brother and maternal uncle showed that the death took place within seven months of marriage - Death was due to burns i.e. not in normal circumstances - The statements of brother and maternal uncle were specific as they were eye witnesses - In their statements, they specifically stated about the harassment in connection with demand of dowry - Victim died within seven months of marriage - She a/so telephonical/y complained about harassment - The prosecution thus proved that there was harassment in connection with dowry soon before death of the victim - The prosecution was successful to prove the ingredients of s. 304- 8 /PC - Trial court rightly presumed that the accused had caused the dowry death of the victim - No interference with the order of conviction - Crime against women. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 460 |
Petitioner | Davinder Singh |
Respondent | State Of Punjab |
SCR | [2014] 9 S.C.R. 208 |
Judgement Date | 2014-07-02 |
Case Number | 684 |
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