VidhiSangh

Supreme Court of India · 22/02/2024

NARESH KUMAR versus STATE OF HARYANA

[2024] 2 S.C.R. 830 · 2024 INSC 149

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Summary

A suicide within seven years of marriage does not by itself trigger the discretionary presumption under Section 113A of the Evidence Act; the prosecution must first prove cruelty. A demand for money to start a business, without more, did not establish cruelty or proximate instigation, and the Section 306 conviction was set aside.

Issues

  1. Whether the evidence established abetment of the deceased’s suicide under Sections 306 and 107 IPC.
  2. Whether the presumption under Section 113A of the Evidence Act arose merely because the deceased died by suicide within seven years of marriage, without proof of cruelty.

Provisions considered

Held

Result

Appeal allowed; the conviction under Section 306 IPC was set aside and the appellant was acquitted. His bail bonds were discharged.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 830.