Evidence Act, 1872 – s.113A – Presumption as to abetment of suicide by a married women – Invocation of s.113A – When – Deceased died on account of severe burn injuries, by setting herself on fire – Order of conviction and sentence of the appellant-brother-in-law u/ss.306 and 498 IPC and s.4 of the Dowry Prohibition Act, however, acquitted for the offence punishable u/s.304B IPC – Correctness:
Held: When the courts below want to apply s.113A, the condition precedent is that there has to be first some cogent evidence as regards cruelty and harassment – In the absence of any cogent evidence as regards harassment or abetment in any form like aiding or instigating, the court cannot straightway invoke s.113A and presume that the accused abetted the commission of suicide – No evidence on the basis of which it could be said that the brotherin-law abetted the commission of suicide – Judgment and order of conviction passed by courts below set aside – Penal Code, 1860 – ss.306, 498-A – Dowry Prohibition Act, 1961 – s.4. [Paras 11, 13, 14]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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