SHANTI Vs. STATE OF HARYANA
LAWS(SC)-1990-11-33
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on November 13,1990

SHANTI Appellant
VERSUS
STATE OF HARYANA Respondents


Cited Judgements :-

SUBHASH CHANDRA VS. STATE OF U P [LAWS(ALL)-2019-5-181] [REFERRED TO]
SHANTI DEVI VS. STATE OF U.P. [LAWS(ALL)-2019-4-426] [REFERRED TO]
AKHILESH KUMAR TRIVEDI @ SALLHAR VS. STATE OF U P [LAWS(ALL)-2018-3-55] [REFERRED TO]
SMT. DULLA VS. STATE OF U.P. [LAWS(ALL)-2016-6-128] [REFERRED TO]
AMRISH KUMAR KASHYAP VS. STATE OF U.P. [LAWS(ALL)-2016-5-11] [REFERRED TO]
STATE VS. SATISH KUMAR [LAWS(DLH)-2011-9-1] [REFERRED TO]
MEHNDI HASAN VS. STATE OF U.P. [LAWS(ALL)-2015-11-9] [REFERRED TO]
SUKUMAR DAS, S/O SURESH DAS VS. STATE OF ASSAM [LAWS(GAU)-2018-7-32] [REFERRED TO]
BHIM SINGH VS. STATE [LAWS(DLH)-2010-8-237] [REFERRED TO]
BUDHI SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1999-10-10] [REFERRED TO]
STATE OF H.P. VS. PRITHI CHAND [LAWS(HPH)-2010-7-226] [REFERRED TO]
ARBIND KUMAR AMBASTA VS. STATE [LAWS(JHAR)-2002-3-20] [REFERRED TO]
SUNDARLAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-2-68] [REFERRED TO]
ANIL ARISTOTAL AND ORS. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-9-5] [REFERRED TO]
KAILASH VS. STATE OF M P [LAWS(SC)-2006-10-35] [REFERRED TO]
RAJEEV KUMAR VS. STATE OF HARYANA [LAWS(SC)-2013-10-73] [REFERRED TO]
STATE OF U P VS. SANTOSH KUMAR [LAWS(SC)-2009-9-29] [REFERRED TO]
HEM CHANDER VS. STATE OF HARYANA [LAWS(P&H)-2007-2-66] [REFERRED TO]
ANILKUMAR VS. STATE OF KERALA [LAWS(KER)-2020-6-285] [REFERRED TO]
G A MOHAMED MOIDEEN VS. STATE [LAWS(MAD)-2000-3-49] [REFERRED TO]
SUNDAR LAL VS. STATE [LAWS(UTN)-2018-1-32] [REFERRED TO]
MADHVANAND VS. STATE OF UTTARAKHAND [LAWS(UTN)-2022-5-77] [REFERRED TO]
BHUNESHWAR PRASAD CHAURASIA ALIAS BHUNESHWAR CHAURISIA VS. STATE OF BIHAR [LAWS(PAT)-2000-8-57] [REFERRED TO]
GOURANGA BEHERA (SINCE DEAD) AND ORS. VS. STATE OF ORISSA [LAWS(ORI)-2009-9-54] [REFERRED TO]
MISHRI MAL AND ANR. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-6-62] [REFERRED TO]
RAJINDER KUMAR VS. STATE OF HARYANA [LAWS(P&H)-1993-12-82] [REFERRED TO]
GAUTAM NAMA VS. STATE OF TRIPURA [LAWS(TRIP)-2013-4-1] [REFERRED TO]
RAHUL VS. STATE OF U. P. [LAWS(ALL)-2021-3-130] [REFERRED TO]
BALENDRA @ BALI GUPTA VS. STATE OF U P [LAWS(ALL)-2015-9-313] [REFERRED]
DINESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2016-1-49] [REFERRED TO]
RAKESH KUMAR VS. STATE OF U P [LAWS(ALL)-2016-3-265] [REFERRED]
RAJESH VS. STATE OF U P [LAWS(ALL)-2016-4-341] [REFERRED]
RAM NIHORE TEWARI AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-32] [REFERRED TO]
BADAM SINGH VS. STATE OF U P [LAWS(ALL)-2017-10-246] [REFERRED TO]
RAJENDRA VS. STATE OF U P [LAWS(ALL)-2019-5-68] [REFERRED TO]
SHIV KUMAR VS. STATE [LAWS(ALL)-2018-4-150] [REFERRED TO]
TAPAN KAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2006-9-60] [REFERRED TO]
RAM TIRATH VS. STATE OF U.P. [LAWS(ALL)-2015-12-16] [REFERRED TO]
NIDADAVOLU ANASUYA VS. PORANKI [LAWS(APH)-2015-4-4] [REFERRED TO]
GULSHAN VS. STATE [LAWS(DLH)-2013-4-209] [REFERRED TO]
NANDKISHORE ALIAS KISHORE BHIMRAO KSHIRSAGAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-1995-6-22] [REFERRED TO]
PRABIR SARKAR VS. STATE OF TRIPURA [LAWS(GAU)-1999-2-28] [REFERRED TO]
STATE OF TRIPURA VS. APU PAL [LAWS(GAU)-2011-3-29] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. MANOHAR GUNWANT GOURKAR [LAWS(BOM)-2018-2-36] [REFERRED TO]
SANJAY SAHU VS. STATE OF CHHATTISGARH [LAWS(CHH)-2021-5-10] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SUKHDEV [LAWS(HPH)-2014-8-104] [REFERRED TO]
MAHESH @ MUNNO CHHAGANBHAI JETHWA VS. STATE OF GUJARAT [LAWS(GJH)-2020-9-879] [REFERRED TO]
STATE OF KARNATAKA VS. BALAPPA [LAWS(KAR)-1999-2-33] [REFERRED TO]
SARBARI VS. SULEMAN [LAWS(P&H)-1999-12-60] [REFERRED]
CHANNA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-4-95] [REFERRED TO]
KISHNA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-9-129] [REFERRED TO]
BALKAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1995-2-10] [REFERRED TO]
RAMESH SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-27] [REFERRED TO]
SURJEET KAUR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-3-10] [REFERRED TO]
ARVIND KUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2000-6-14] [REFERRED]
SATBIR SINGH VS. STATE OF HARYANA [LAWS(SC)-2021-5-24] [REFERRED TO]
RAM AJOR VS. STATE OF U. P. [LAWS(ALL)-2020-9-35] [REFERRED TO]
AJMAL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-2-62] [REFERRED TO]
DROPA DEVI AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-93] [REFERRED TO]
SUBHASIS SINGHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-27] [REFERRED TO]
NRIPEN ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-11-12] [REFERRED TO]
RAM KUMAR VS. STATE [LAWS(DLH)-2015-1-39] [REFERRED TO]
ANIL @ ANANDRAO SHAMRAO DATKAR VS. STATE OF MAHARASHTRA, THROUGH P S O , KHANDALA, TA [LAWS(BOM)-2018-1-361] [REFERRED TO]
BALKRISHNA PANDURANG MOGHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-4-39] [REFERRED TO]
MANMOHAN LAXMINARAIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1993-5-5] [REFERRED TO]
RAJEEV RANJAN VS. STATE OF M P [LAWS(MPH)-2015-8-146] [REFERRED TO]
AMAR SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2010-8-31] [REFERRED TO]
STATE OF ORISSA VS. SURENDRA SUHULA AND ANOTHER [LAWS(ORI)-2011-1-59] [REFERRED TO]
ASHGAR MIAN S/O YUSUF MIAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-2-5] [REFERRED TO]
SONU & OTHERS VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-85] [REFERRED TO]
Maninder Singh VS. Union Territory Chandigarh [LAWS(P&H)-1999-12-6] [REFERRED TO]
HARIOM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2014-12-46] [REFERRED TO]
PANKAJ KUMAR AND 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2018-2-461] [REFERRED TO]
SANAT PANJA VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-8-71] [REFERRED TO]
KANHAIYA LAL GOSWAMI VS. STATE OF U.P. [LAWS(ALL)-2015-11-73] [REFERRED TO]
AYENESSA BIBI VS. STATE [LAWS(CAL)-2004-4-39] [REFERRED TO]
DEENA NATH DUBEY VS. STATE OF U P [LAWS(ALL)-2014-11-34] [REFERRED TO]
GANDHI YADAV VS. STAT E OF UP [LAWS(ALL)-2014-12-55] [REFERRED TO]
REENU VS. STATE [LAWS(DLH)-2011-7-285] [REFERRED TO]
ASHOK GOYAL VS. STATE [LAWS(DLH)-2011-4-87] [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJESH [LAWS(BOM)-2011-7-52] [REFERRED TO]
MAYA VS. STATE (NCT) OF DELHI [LAWS(DLH)-2014-2-5] [REFERRED TO]
ASHRUBA GENA GITE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-10-12] [REFERRED TO]
PRANAB DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-7-35] [REFERRED TO]
RAJ KUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-7-149] [REFERRED TO]
BASANT KUMAR SHUKLA VS. KOMAL PRASAD [LAWS(MPH)-1991-10-25] [REFERRED TO]
STATE VS. SAMEER ALI [LAWS(DLH)-2020-2-30] [REFERRED TO]
STATE OF KARNATAKA VS. K S MANJUNATHACHARI [LAWS(KAR)-1999-4-11] [REFERRED TO]
PREM PRAKASH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-10-175] [REFERRED TO]
SANDEEP VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-12-20] [REFERRED TO]
THAKKAN JHA VS. STATE OF BIHAR [LAWS(SC)-2004-9-174] [REFERRED TO]
KODAMANCHILI SRIRAMA SARMA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2017-9-69] [REFERRED TO]
DRUPADI DEORA VS. STATE OF ASSAM [LAWS(GAU)-2001-10-6] [FOLLOWED ON]
VIJAY KUMAR SINGH AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2016-2-34] [REFERRED TO]
BANWARI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2015-8-384] [REFERRED]
HARVINDER SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2016-6-37] [REFERRED]
JITENDRA PRAKASH @ RAJU VS. STATE OF U.P. [LAWS(ALL)-2016-6-32] [REFERRED TO]
AWADHESH KUMAR DUBEY VS. STATE [LAWS(ALL)-2019-1-26] [REFERRED TO]
JATA SHANKAR VS. STATE OF U.P. [LAWS(ALL)-2017-5-209] [REFERRED TO]
DEEPAK KUMAR VS. STATE OF U. P. [LAWS(ALL)-2019-8-4] [REFERRED TO]
M BABU RAO VS. STATE OF A P [LAWS(APH)-2011-8-12] [REFERRED TO]
VEERAMACHANENI SATYANARAYANA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2004-10-4] [REFERRED TO]
SHYAM KISHORE TIWARI VS. STATE OF U P [LAWS(ALL)-2014-1-363] [REFERRED TO]
MAHESH @ MUNNO CHHAGANBHAI JETHWA VS. STATE OF GUJARAT [LAWS(GJH)-2020-6-901] [REFERRED TO]
STATE OF MAHARASHTRA VS. VITTHABAI @ SHALINIBAI W/O SHANKARBAN NIMBHEKAR [LAWS(BOM)-2018-4-144] [REFERRED TO]
RAJNESH TANDON VS. STATE OF PUNJAB [LAWS(SC)-1994-1-143] [REFERRED TO]
STATE OF HARYANA VS. SURAJ BHAN [LAWS(SC)-1996-10-22] [REFERRED TO]
MAHAVIR SINGH & ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-9-164] [REFERRED]
STATE OF RAJASTHAN VS. VIRENDRA KUMAR [LAWS(RAJ)-2005-3-42] [REFERRED TO]
RAJU RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-10] [REFERRED TO]
STATE OF RAJASTHAN VS. KRISHNALAL [LAWS(RAJ)-2001-4-90] [REFERRED TO]
SUKHDARSHAN KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-8-129] [REFERRED TO]
CHHABIL DASS VS. STATE OF HARYANA [LAWS(P&H)-1991-10-5] [REFERRED TO]
SHAMBHU RAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-2-59] [REFERRED TO]
SURENDRA SINGH AND OTHERS VS. STATE OF M P [LAWS(MPH)-2018-8-169] [REFERRED TO]
VIJAY PAL SINGH VS. STATE OF UTTARAKHAND [LAWS(SC)-2014-12-49] [REFERRED TO]
LAKHAN, S/O HARI VS. STATE OF M P (NOW CHHATTISGARH) THROUGH POLICE STA [LAWS(CHH)-2018-5-30] [REFERRED TO]
RANJIT SINGH RANA VS. GOVT OF NCT OF DELHI [LAWS(DLH)-1998-9-69] [REFERRED]
BALKRISHNA PANDURANG MOGHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-4-36] [REFERRED TO]
STATE OF MAHARASHTRA VS. VIJAY DATTATRAYA KOLHE [LAWS(BOM)-2021-3-125] [REFERRED TO]
STATE OF MAHARASHTRA VS. MAJID [LAWS(BOM)-2021-1-138] [REFERRED TO]
SUBHASH VS. STATE OF U P [LAWS(ALL)-2008-9-6] [REFERRED TO]
ALAMGIR SANI VS. STATE OF ASSAM [LAWS(GAU)-2001-4-11] [REFERRED TO]
MANIK DATTA VS. STATE OF TRIPURA [LAWS(GAU)-1998-9-20] [REFERRED TO]
GIRISH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-8-84] [REFERRED TO]
NEERAJ KUMAR ALIAS BASANTE VS. STATE OF U P [LAWS(ALL)-2012-4-13] [REFERRED TO]
NASEEM AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-3-62] [REFERRED TO]
JAI PRAKASH MISRA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-62] [REFERRED TO]
RAM PRAKASH YADAV VS. STATE OF U P [LAWS(ALL)-2016-5-339] [REFERRED]
GOBARDHAN SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-9-138] [REFERRED TO]
GOPAL DAS VS. STATE OF JANDK [LAWS(J&K)-2007-11-4] [REFERRED TO]
HEERALAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1995-1-68] [REFERRED TO]
NIRANJAN HEGDE VS. STATE OF KARNATAKA [LAWS(KAR)-2022-7-452] [REFERRED TO]
MANORANJAN SETHI VS. STATE OF ORISSA [LAWS(ORI)-2014-11-107] [REFERRED TO]
STATE OF HARYANA VS. RAM KUMAR [LAWS(P&H)-2008-5-82] [REFERRED TO]
SATVIR SINGH VS. STATE OF PUNJAB [LAWS(SC)-2001-9-41] [REFERRED]
AJAY KUMAR DAS VS. STATE OF JHARKHAND [LAWS(SC)-2011-9-32] [REFERRED TO]
STATE VS. SANJAY SINGH [LAWS(DLH)-2018-1-137] [REFERRED TO]
DHANNA RAM AND ORS VS. STATE OF RAJASTHAN [LAWS(RAJ)-1996-5-128] [REFERRED]
GOBIND RANA VS. STATE OF BIHAR [LAWS(JHAR)-2019-4-129] [REFERRED TO]
DALBIR VS. STATE OF HARYANA [LAWS(P&H)-1998-6-28] [REFERRED TO]
STATE OF RAJASTHAN VS. GYANESHWAR [LAWS(RAJ)-2001-11-5] [REFERRED TO]
ARVIND KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-4-105] [REFERRED]
KANS RAJ VS. STATE OF PUNJAB [LAWS(SC)-2000-4-35] [REFERRED]
CHALLA SATHYAVATHI VS. STATE OF TELANGANA [LAWS(TLNG)-2019-1-21] [REFERRED TO]
KASHMIRA DEVI VS. STATE OF UTTARAKHAND [LAWS(SC)-2020-1-78] [REFERRED TO]
KASHMIRA DEVI VS. STATE OF UTTARAKHAND [LAWS(SC)-2020-1-78] [REFERRED TO]
FEKAN MULL VS. STATE OF BIHAR [LAWS(PAT)-2001-11-79] [REFERRED]
UMA DEVI VS. STATE OF BIHAR [LAWS(PAT)-2007-3-56] [REFERRED TO]
ALOKANANDA BOSE VS. GAURI SANKAR BOSE [LAWS(CAL)-2004-10-54] [REFERRED]
SURENDRA KUMAR VS. THE STATE OF U.P. [LAWS(ALL)-2016-3-19] [REFERRED TO]
BHANU PRATAP AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-4-90] [REFERRED TO]
RAKESH KUMAR VS. STATE OF U P [LAWS(ALL)-2016-5-495] [REFERRED]
BALKRISHNA PANDURANG MOGHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1998-3-18] [REFERRED TO]
HOMAN VS. STATE OF MADHYA PRADESH [LAWS(CHH)-2018-2-84] [REFERRED TO]
K. SENTHIL KUMAR VS. THE STATE OF TAMIL NADU [LAWS(MAD)-2015-2-359] [REFERRED TO]
JAMNALAL PANDE VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-9-37] [REFERRED TO]
NARENDRA KUMAR JAIN VS. STATE OF M.P. [LAWS(MPH)-2014-8-61] [REFERRED TO]
CHERIYAN VS. STATE OF KERALA [LAWS(KER)-2020-10-142] [REFERRED TO]
RAMLAL VS. STATE OF M P [LAWS(MPH)-2005-8-86] [REFERRED TO]
Chandrasekaran VS. State [LAWS(MAD)-2003-8-56] [REFERRED TO]
STATE OF KARNATAKA VS. MUNIYAPPA [LAWS(KAR)-2006-4-34] [REFERRED TO]
R RAJALAKSHMIAMMAL VS. STATE BY THE DEPUTY SUPERINTENDENT OF POLICE [LAWS(MAD)-2018-4-479] [REFERRED TO]
BHUPENDRA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2013-11-7] [REFERRED TO]
SATVIR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1998-10-60] [REFERRED TO]
STATE OF RAJASTHAN VS. KESA [LAWS(RAJ)-2001-7-60] [REFERRED TO]
BASKARAN VS. STATE BY INSPECTOR OF POLICE, CUDDALORE N.T. POLICE STATION [LAWS(MAD)-1994-6-53] [REFERRED TO]
SUNIRAM KISKU VS. STATE OF BIHAR [LAWS(PAT)-1999-12-14] [REFERRED TO]
BHANUMATI ACHARJEE VS. STATE OF ASSAM [LAWS(GAU)-2000-6-37] [REFERRED TO]
SALLA GOVINDU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1998-11-82] [REFERRED TO]
STATE OF MAHARASHTRA, THROUGH POLICE STATION OFFICER, POLICE STATION SAKKARDARA, NAGPUR VS. MANOHAR GUNWANT GOURKAR [LAWS(BOM)-2018-1-177] [REFERRED TO]
STATE OF MAHARASHTRA, (THROUGH STATION OFFICER, POLICE STATION, DARYAPUR), DISTRICT AMRAVATI VS. VITTHABAI @ SHALINIBAI W/O SHANKARBAN NIMBHEKAR [LAWS(BOM)-2018-4-110] [REFERRED TO]
MOHD ABDUL RAHEEM ALIAS RAHMAN VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2004-11-37] [REFERRED TO]
RAM NATH CHAUBEY AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-12-43] [REFERRED TO]
CHANDRA PRAKASH RATHAUR VS. STATE OF U P [LAWS(ALL)-2018-8-54] [REFERRED TO]
JAI PRAKASH VS. STATE OF U.P. [LAWS(ALL)-2016-1-118] [REFERRED TO]
MALKHAN AND OTHERS VS. STATE OF U P [LAWS(ALL)-2016-4-319] [REFERRED]
SHYAM BIHARI SHARMA AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2016-3-15] [REFERRED TO]
VIPIN SINGH VS. STATE OF U P [LAWS(ALL)-2016-5-267] [REFERRED]
KAMLESH SINGH & OTHERS VS. STATE OF U.P. [LAWS(ALL)-2017-2-4] [REFERRED TO]
SURESH YADAV (JAIL APPEAL) VS. STATE OF U P [LAWS(ALL)-2018-2-475] [REFERRED TO]
AKHILESH VS. STATE OF U P [LAWS(ALL)-2018-3-361] [REFERRED TO]
BALASAHEB ANNAPPA WAGHMARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-6-15] [REFERRED TO]
RAJEEV RANJAN AND ORS. VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2015-7-64] [REFERRED TO]
ASHARAM VS. STATE OF MP [LAWS(MPH)-2002-7-100] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. YOG RAJ [LAWS(HPH)-1996-1-6] [REFERRED TO]
STATE OF U P VS. SITARAM SINGH [LAWS(ALL)-2007-12-42] [REFERRED TO]
ASHOK KUMAR VS. STATE AND ORS. [LAWS(DLH)-2017-8-172] [REFERRED TO]
SURESH KUMAR VS. STATE OF HARYANA [LAWS(SC)-2013-11-10] [REFERRED TO]
HARISH KUMAR VS. STATE OF HARYANA [LAWS(SC)-2014-12-40] [REFERRED TO]
NARENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2009-7-33] [REFERRED TO]
ANURAG SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2010-1-47] [REFERRED TO]
GAJENDRA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2013-10-97] [REFERRED TO]
PALANIVEL VS. STATE REP BY INSPECTOR OF POLICE THALAIVASAL POLICE STATION [LAWS(MAD)-2012-8-36] [REFERRED TO]


JUDGEMENT

K. Jayachandra Reddy, J. - (1.)This is a case of dowry death. The deceased by name of Smt. Kailash was the daughter of Hari Bhagwan, P.W. 1 of Jonala. She was married to one Sat Pal of Mundhaliya Village about 9 kilometres away from Jonala. The marriage took place on 18th April, 1987, Sat Pal the husband at. the relevant time was serving in the Army. His father namely the father-in-law of deceased was employed in Railways. Accused No. 1 Smt. Shanti is the mother of Sat Pal, and the mother~in-law of the deceased. The other appellant Smt. Krishna wife of the brother of Sat Pal was another inmate. After marriage the deceased was living in her matrimonial home with accused Nos. 1 and 2, the two appellants herein. It is alleged that these two women were harassing the deceased all the while after the marriage for not bringing Scooter and Television as part of the dowry and she was treated cruelly. The marriage of one Munni, a cousin of the deceased was fixed for 30th April, 1988. Her brother went to Mundaliya village twice for bringing the deceased but the accused only taunted him and sent him away without sending the deceased. Ultimately, P.W. 1, the father himself went to the home of his daughter, the deceased on 25th April, 1988. The two appellants misbehaved with him saying that if he was fond of his daughter he ought to have arranged Scooter and Television as part of the dowry and he was insulted and pushed out of the house. On 26th April, 1988 at about 11 p.m. P.W. 1 came to know that the deceased had been murdered and was cremated by the two ladies with the help of another three persons. A report was given and the police could recover only bones and'ashes. After investigation, the charge-sheet was laid.
(2.)The Additional Sessions Judge, who tried all the five accused convicted the appellants under Section 304B, I.P.C. and sentenced each of them to life imprisonment and under Section 201, I.P.C., sentenced them to undergo imprisonment for one year and to pay a fine of Rs. 2000/- each and also under Section 498-A, I.P.C. to two years rigorous imprisonment and to pay a fine of Rs. 3000 / -. The sentences were directed to run concurrently The other accused were acquitted. These two appellants preferred an appeal to the High Court and the same was dismissed. The High Court, however, set aside the conviction under Section 498-A, I.P.C. The present appeal, pursuant to the leave granted by this Court, has been preferred against the judgment of the High Court.
(3.)Mr. Lalit, learned counsel for the appellants submitted that there is no direct evidence in this case and that all the ingredients of an offence under Section 304B, I.P.C. are not made out. According to him, it is not conclusively proved that the two appellants subjected the deceased to cruelty or harassment and the very fact that the High Court has acquitted the appellants of the offence punishable under Section 498-A would itself indicate that the prosecution case regarding cruelty is not accepted and consequently the death cannot be one of "dowry death". On merits, he submitted that in the absence of clear proof of the cause of death one cannot presume that the death occurred in unnatural circumstances.
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