VidhiSangh

Supreme Court of India · 20/09/2024

SHOOR SINGH & ANR. versus STATE OF UTTARAKHAND

[2024] 9 S.C.R. 818 · 2024 INSC 713

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court acquitted the parents-in-law of a woman who died of burns at her matrimonial home within a year of marriage, holding that the alleged demand for a motorcycle and cash, reported only through the deceased's parents whose evidence was unreliable, was not proved beyond reasonable doubt, so the ingredients of dowry death were not established and the presumption under Section 113-B of the Evidence Act could not be raised.

Issues

  1. Whether cruelty or harassment soon before death in connection with a demand for dowry was proved against the deceased's father-in-law and mother-in-law.
  2. When the presumption under Section 113-B of the Evidence Act arises and what it covers.
  3. Whether the parents' testimony of what the deceased told them, though admissible under Section 32(1) of the Evidence Act, was reliable enough to sustain the convictions under Sections 304-B and 498-A IPC.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence of the appellants under Sections 304-B and 498-A IPC set aside; appellants, on bail, need not surrender and their bail bonds are discharged.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 818.