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Judgement |
| INDIAN PENAL CODE, 1860 |
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| INDIAN PENAL CODE, 1860 |
Interpretation of Statute — IPC — Vicarious liability — legal fiction — Held, commission of an offence by raising a legal fiction or by creating a vicarious liability in terms of the provisions of a statute must be expressly stated. (Para 17) |
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| INDIAN PENAL CODE, 1860 |
IPC — Offence by a company —Managing Director or the Directors — liability of — Held, cannot be said to have committed an offence only because they are holders of offices. (Para 17) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302 — Defective investigation —was carried out in a lackluster manner—approach of the Investigating Officer unmindful—Held, the investigation was carried out with unconcerned and uninspiring performance— Eyewitness — recording of statement — delay in — presence disbelieved — Eyewitnesses remained unsuccessful in revealing exactly as to where the bullet had struck the deceased— name or presence of eyewitness — not mentioned in FIR — Interference by High Court — not justified —Acquittal. (Para 26) |
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| INDIAN PENAL CODE, 1860 |
IPC — Ss 304-B & 498-A — Conviction under — Demand of dowry — allegation of — Held, if accepted to be true had lingered for almost two years— no complaint was made to anyone, far less the police— Evidence of witnesses — General allegations repeated with parrot like similarity — Cruelty & Harassment — allegation of —founded on the confidential communications by her to her parents in particular and is not supported by any other evidence — Held, the prosecution has failed to prove the crucial ingredient of cruelty and harassment by direct & cogent evidence — benefit of doubt —Acquittal. (Para 36 & 41) |
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| INDIAN PENAL CODE, 1860 |
IPC — Ss 304-B & 498-A — Ingredients — Held, cruelty or harassment by the husband — or any of his relatives — for or in connection with any demand of dowry is the gravamen of the two offences. (Para 30) |
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| INDIAN PENAL CODE, 1860 |
IPC — Ss 304-B & 498-A — Evidence Act — S 113B —Conjoint reading — Presumption u/s 113-B — Availability of — Conjoint reading of all the three sections unquestionably base the burden of the prosecution to substantiate the ingredients of the two offences by direct and convincing evidence — so as to avail the presumption against the accused. (Para 33) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 304-B — Attraction of —Ingredient to be established — that “soon before her death” she was subjected to cruelty and harassment — “in connection with the demand for dowry”. (Para 35) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 304-B — Essential Ingredients of —(i) death of the woman concerned is by any burns or bodily injury or by any cause other than in normal circumstances and—(ii) is within seven years of her marriage and—(iii) that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of the husband for, or in connection with, any demand for dowry. (Para 35) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 306 & 498-A — Conviction under — Mental Cruelty — Standard of proof —Extra-marital affair by husband — allegation of — Held, solely because the husband is involved in an extra-marital relationship — & there is some suspicion in the mind of wife— cannot be regarded as mental cruelty which would attract mental cruelty for satisfying the ingredients of Section 306 IPC—Acquittal. (Para 16) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 307 r/w 34 — Conviction under — Recovery of weapon — doubtful — Description of the culprits —not given in FIR or subsequently —Poor visibility —incident occurred in dark —Sudden occurrence — Held, If the incident had suddenly occurred, there would be hardly sufficient time to see the assailants properly when it was dark in the area —No specific role attributed — Registration of FIR —Held, the manner in which the F.I.R. was recorded is also not clear —Evidence Act — S 3 — Relevant fact. (Para 10, 11, 12, 13 & 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Interpretation of Statute — Intention of Legislation — The basic purport of the statutory provision is to avoid 'cruelty' which stands defined by attributing a specific statutory meaning attached thereto. (Para 11) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Interpretation of Statute — Word ‘cruelty’ — meaning of — Intention of Legislation — two explanations —Explanation (a) — three specific situations — (i) to drive the woman to commit suicide or — (ii) to cause grave injury or — (iii) danger to life, limb or health, both mental and physical, and thus involving a physical torture or atrocity — Explanation (b) — there is absence of physical injury — but the legislature thought it fit to include only coercive harassment — which obviously is equally heinous to match the physical injury — whereas one is patent, the other one is latent but equally serious in terms of the provisions of the statute since the same would also embrace the attributes of 'cruelty' in terms of Section 498-A—Giridhar Shankar Tawade vs. State of Maharashtra— Relied upon. (Para 11) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Standard of proof — Cruelty — Standard of — Held, any willful conduct which is of such a nature that is likely to drive the woman to commit suicide. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Mental cruelty under — has nothing to do with the demand of dowry — It is associated with mental cruelty that can drive a woman to commit suicide and dependent upon the conduct of the person concerned. (Para 13) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Mental cruelty under — Standard of — Held, mental cruelty varies from person to person — depending upon the intensity and the degree of endurance — some may meet with courage and some others suffer in silence — to some it may be unbearable and a weak person may think of ending one’s life. (Para 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Harassment — Form of — need not be in the form of physical assault — even mental harassment also would come within the purview of Section 498A IPC. (Para 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Ambit of — Extra-marital relationship— per se, or as such would not come within the ambit of Section 498-A IPC. (Para 16) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Mental cruelty — Concept of — Held, the concept depends upon the milieu and the strata from which the persons come from — & definitely has an individualistic perception regard being had to one’s endurance and sensitivity. (Para 16) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Mental Cruelty — Standard of — a mental torture or abnormal behaviour that amounts to cruelty or harassment in a given case. (Para 16) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302 r/w 34 —Evidence Act — S 3 — Relevant fact — Illicit relation between the wife of deceased & Accused no.2 — allegation of — Confessional statements — the witness did not reveal to anybody — not relied — Discloser by the deceased — not divulged to the police— Discarded being hearsay in nature— Suffocation — Medical evidence — External injury — absence of — No external injury indicative of use of any external force on the deceased, resulting in his ante-mortem suffocation — The possibility that injuries suffered were post fall manifestations— cannot be ruled out as the medical evidence admits of such an eventuality as well — Benefit of doubt — Held, the possibility of the deceased committing suicide as an extreme step in a unbearable anguished state of mind also cannot be wholly excluded — chain of circumstantial evidence relied upon by the prosecution to prove the charge is visibly incomplete and incoherent — Acquittal. (Para 9 & 10) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 302 r/w 34 — Defence of accused — First informant being the cousin brother of the deceased had framed the appellants so as to wrest his property in absence of his legal heirs — cannot be lost sight of. (Para 10) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Conviction under — Implication of relatives — Residing separately in different city — dying declaration recorded in the presence of the parents of the deceased — False implication not ruled out — their role not proved — Acquittal — Admitted fact — husband of the deceased beaten her & threatened her to give divorce — & go to her parental home — was present at the time of her committing suicide — Conviction of husband upheld. (Para 14) |
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| INDIAN PENAL CODE, 1860 |
IPC — Ss 323, 504, 506 & 498-A — Husband of the woman having illicit relations with the applicant— Allegation of — Specific date of any incident — not mentioned in the FIR — or in the statements of the witnesses— No specific overt act is attributed so as to attract the provisions of Sections 323, 504 & 506 — Casual references — The applicant is a medical practitioner residing more than 300 kilo meters —FIR quashed — CrPC — S 482. (Para 8 & 9) |
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| INDIAN PENAL CODE, 1860 |
IPC — S 498-A — Scope of — the applicant is not a 'relative' of the husband of the informant — the section cannot be invoked. (Para 9) |
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