Criminal Appeal Nos. 17351736 of 2010, SATBIR SINGH & ANOTHER – the APPELLANTS Versus STATE OF HARYANA – RESPONDENT Offenses included Section 304-B of IPC (dowry death), 306 (abetment of suicide) of IPC, and 498 A (cruelty).
The hon’ble supreme court held that,
- The accused and the deceased were married on 01.07.1944. On 31.07.1995 the deceased was admitted to the hospital and died, the 1st offence under section 304 – B IPC (died within seven years of marriage) was proved.
- After one month of her marriage, deceased brother came to meet her. She disclosed that she was harassed by her husband and mother in-law for demand of dowry. (304 – B harassment or cruelty by her husband or relatives of her husband).
- The doctor’s report says that the deceased body was smelled like kerosene oil, that she was admitted in the hospital in buried state, hence the 2nd offence was proved (section 306 IPC).
- The trail court and high court punished the accused with seven years of imprisonment (under sec 304-B) and 5 years of imprisonment (under sec 306) based on the evidence.
- Appellant appealed in supreme that deceased was not homicide, she was committed suicide.
- The supreme held that the prosecution failed to prove that, deceased was committed suicide.
- Hence, the appellant’s appeal was allowed.
