• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Judgement- Hira Lal & Ors. Vs. State (Govt. of NCT) Delhi

Latest News

Back

Judgement- Hira Lal & Ors. Vs. State (Govt. of NCT) Delhi

Courtesy/By: Ronak Kumar Khaitan  |  30 Dec 2020     Views:3559

FACTS OF THE CASE:

One Sarita (hereinafter referred to as 'deceased') committed suicide by consuming poison on 14.4.1999. She was married to the accused Surender on 26.11.1995. Other appellants Hiralal and Angoori Devi were her father-in-law and mother-in-law respectively. Since the death was unnatural, information was lodged with the police, and an investigation was undertaken.

The grievance was made by the family members of the deceased that she was subjected to torture for dowry and that led to her suicide. On completion of the investigation, a charge-sheet was placed for the alleged commission of offences punishable under Section 304-B and 498A IPC. The trial was conducted by learned Sessions Judge, New Delhi, and the appellants were found guilty under Sections 304-B and 498A read with Section 34 IPC. They were sentenced to undergo RI for 10 years and a fine of Rs.10,000/- each with default stipulation of SI for one year, and also one year RI with fine of Rs.5000/- with the stipulation of SI for one month for the two substantive offences respectively.

For the purpose of substantiating the accusations, 12 witnesses were examined which included Bahadur Singh (PW-1), Sobha Rani (PW-5), Ratti Ram (PW-10), Manju (PW-11), the father, brother, cousin brother and sister, respectively of the deceased spoke about the dowry demands. The testimony was accepted to be truthful and cogent by the Trial Court. Later, the matter was carried in appeal before the Delhi High Court. By the impugned judgment, learned Single Judge reduced the sentence to 3 years RI instead of 10 years RI in respect of accused-appellants Hiralal and Angoori keeping in view their old age. The fine imposed was maintained but the default sentence was reduced to six months, custodial sentence and fine for offenses punishable under Section 498A were maintained. In the case of appellant-Surender, the sentence was reduced to 7 years in respect of the first offence, while for the second offence the sentence was maintained.

In support of the appeal, learned counsel for the appellants submitted that ingredients of Section 304-B and 498A are not made out. There was no evidence regarding any dowry demand. Before the alleged suicide, there were differences between the deceased and her husband for which allegations were made with the police. Finally, the difference was sorted out by settling that they shall stay separately from other members of the family. There was a conciliation made by the officials of Women Crime Cell and the conditions indicated related to separate residence. There was not even inkling about the demand for money or articles. It was therefore argued by the counsel for appellants that both the Trial Court and the High Court fell in grave error by going into surmises to convict the appellants and appellants aren’t guilty of the offence of dowry death. In response learned counsel for the State -Govt. of NCT of Delhi, submitted that the ingredients of the offences have been clearly made out.

 

Issues before the court:

  • Whether the act of appellants was covered by the scope of Section 304-B of IPC and can the death so occurred be presumed to be a dowry death as per Section 113-B of Indian Evidence Act?
  • Whether if the appellants were guilty of cruelty as per Section 498-A of the IPC?

 

Court’s view: 

The court made a clear interpretation of Section 304-B of IPC and of 113-B of Evidence Act to decide whether if this case falls within the scope of these sections or not. While explaining the ingredients which must be fulfilled to attract any case under provisions of Section 304-B of IPC, the court said that in both the above-mentioned provisions, it is important that the deceased woman should be subjected to cruelty or harassment in demand for dowry and such cruelty/harassment should have been caused to her soon before her death. To attract Section 113-B of Evidence Act, the prosecution is obliged to show that soon before the occurrence there was cruelty and it is only in such cases that dowry death is presumed and such presumption is only raised in cases where the accused is being tried for an offence under the Section 304-B of IPC. Moving further to explain the meaning of the terms soon before her death the court explained that is a relative term and it would depend upon facts & circumstances of each case and no strait-jacket formula can be laid down as to what would constitute a period of soon before the occurrence.

There must be the existence of a proximate and live-link between the effect of cruelty based on dowry demand and the concerned death. The court found that although there were no demands for dowry at the time of marriage of the deceased, subsequently the accused-appellants raised demands for dowry and the court had to make an observation about whether such demands were made soon before her death. The court looked upon the complaints made by Sarita (now deceased) before the Women Crime cell and it found that the complaints had no mention of dowry aspects and the reconciliation brought by the authorities was essentially for separate residence. So there was an absence of cruelty or harassment soon before death to bring the application of Section 304-B in the case due to the reason that the element of dowry was missing in this case.

Held:

  • The court convicted the appellants with a custodial sentence of three years for the offence of abetment to suicide punishable under Section 306 IPC.
  • The court held that the sentence awarded for offence punishable under Section 498A by Trial Court and upheld by the High Court is maintained.

Document:


Courtesy/By: Ronak Kumar Khaitan  |  30 Dec 2020     Views:3559

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:2610
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:2119
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:2149
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:1985
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:2127
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:1826
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:1962
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:1962
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:2099
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:2230
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:1967
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:1968
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:1934
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:2027
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:1994
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:2277
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:2129
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:2878
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:2121
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:2442
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:2343
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:2570
World Health Assembly Revises International Health...
21 Jul 2024     Views:2424
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:2531
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:2308
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:5554
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:4239
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:4277
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:4115
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:4981
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:4384
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:2943
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:3667
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:2960
Exploring the Differences between the US and India...
29 Jun 2023     Views:2980
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:3219
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:2924
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:2910
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:2935
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:2951
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:3277
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:2807
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:2814
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:3234
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:3427
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:3022
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:3464
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:5265
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:3471
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:3163
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:8662
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:2896
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:3667
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:3271
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:2981
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:3231
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:2888
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:3322
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:2998
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:3491
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:3637
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:3881
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:7744
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:3140
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:2957
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:4036
ADR mechanism of legal adjudication in India...
15 May 2023     Views:2840
Validity of foreign arbitral award in India throug...
14 May 2023     Views:2875
Scope of Section 151 CPC...
13 May 2023     Views:4409
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:3398
Scope of Decree under CPC...
10 May 2023     Views:2986
Legal development of Arbitration Laws in India....
09 May 2023     Views:3011
Arbitration Laws in India...
07 May 2023     Views:2960
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:5073
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:3230
Same-Sex Marriage in India...
30 Apr 2023     Views:2893
National Commission for Women...
27 Apr 2023     Views:2739
Law making process of India....
26 Apr 2023     Views:3806
Bail Provisions in India...
25 Apr 2023     Views:2777
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:3169
Contempt of Court...
23 Apr 2023     Views:3025
The collegium system of Judiciary in India....
22 Apr 2023     Views:2717
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:2755
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:2885
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:5272
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:3899
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:3055
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:2764
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:2963
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:2574
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:2759
Law should take into consideration realities of co...
10 Apr 2023     Views:2632
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:3185
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:3342
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:3069
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:3568
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:2883
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:3008
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:3586
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:3351
Prev1...23...4Next
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:93346
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:70749
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:68238
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:67435
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:56706
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.