KULDEEP KAUR Vs. STATE OF UTTARAKHAND
LAWS(SC)-2014-10-31
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on
October 17,2014
KULDEEP KAUR
Appellant
VERSUS
STATE OF UTTARAKHAND
Respondents
Cited Judgements :-
NANIBEN AND ORS. VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-77] [REFERRED TO]STATE OF GUJARAT VS. DILIPKUMAR JIVANLAL SOLANKI [LAWS(GJH)-2015-2-104] [REFERRED TO]
STATE OF GUJARAT VS. VALIBEN,W/O VIJANAND AAHIR [LAWS(GJH)-2015-2-105] [REFERRED TO]
STATE OF GUJARAT VS. BABUBHAI@ MORESHWAR KALUBHAI MORE [LAWS(GJH)-2015-2-118] [REFERRED TO]
PINAKIN MADHAVLAL VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-119] [REFERRED TO]
STATE OF GUJARAT VS. MADHUSUDAN NARAYANDAS MISTRI [LAWS(GJH)-2015-2-128] [REFERRED TO]
PUNAMBHAI RAMJIBHAI PATANI VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-115] [REFERRED TO]
STATE OF GUJARAT VS. AMRUTBHAI K JADAV TURI [LAWS(GJH)-2015-2-117] [REFERRED TO]
STATE OF GUJARAT VS. BHARAT GOVINDBHAI SAMANI [LAWS(GJH)-2015-2-138] [REFERRED TO]
STATE OF GUJARAT VS. CHANDRAKANT CHIMANLAL SHAH [LAWS(GJH)-2015-2-142] [REFERRED TO]
DILIPSINH GANPATSINH CHAUHAN VS. STATE OF GUJARAT [LAWS(GJH)-2015-3-143] [REFERRED TO]
STATE OF GUJARAT VS. JASWANTSINH PANESINH DEVDA [LAWS(GJH)-2015-3-179] [REFERRED TO]
STATE OF GUJARAT VS. SHANTABEN W/O NATVERLAL MANILAL [LAWS(GJH)-2015-3-181] [REFERRED TO]
STATE OF GUJARAT VS. MUKESHKUMAR SOMABHAI SOLANKI [LAWS(GJH)-2015-4-23] [REFERRED TO]
STATE OF GUJARAT VS. HITESH RATILAL ZALA [LAWS(GJH)-2015-2-141] [REFERRED TO]
STATE OF GUJARAT VS. PRANAYSINH ALIAS PRAVINSINH DASHRATHSINH CHAVDA [LAWS(GJH)-2015-4-133] [REFERRED TO]
ALTAFBHAI (ABDUS) SATTARBHAI DERAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-151] [REFERRED TO]
STATE OF GUJARAT VS. VEJA GOKALBHAI CHHAYA [LAWS(GJH)-2015-4-166] [REFERRED TO]
STATE OF GUJARAT VS. RAJENDRA DATTARAM TALVADE [LAWS(GJH)-2015-3-193] [REFERRED TO]
STATE OF GUJARAT VS. ATULBHAI CHHAGANBHAI CHAVDA [LAWS(GJH)-2015-2-172] [REFERRED TO]
STATE OF GUJARAT VS. PARVATBHAI CHHALABHAI BAMNIYA [LAWS(GJH)-2015-2-173] [REFERRED TO]
SHAKIL AHEMAD MOHMADHANIR VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-201] [REFERRED TO]
STATE OF GUJARAT VS. NANALAL SUKHLAL SHAH [LAWS(GJH)-2015-3-205] [REFERRED TO]
STATE OF GUJARAT VS. VALLABHBHAI LAKHABHAI GEVARIYA [LAWS(GJH)-2015-3-210] [REFERRED TO]
STATE OF GUJARAT VS. RAJENDRA ALIAS CHAKO SAMUEL PARMAR [LAWS(GJH)-2015-3-219] [REFERRED TO]
STATE OF GUJARAT VS. BIPIN @ BABU KARSHAN TRIVEDI [LAWS(GJH)-2015-3-232] [REFERRED TO]
STATE OF GUJARAT VS. BHAYA BABU GAMI [LAWS(GJH)-2015-3-238] [REFERRED TO]
STATE OF GUJARAT VS. TALAB JAKU BHOKAL [LAWS(GJH)-2015-3-306] [REFERRED TO]
STATE OF GUJARAT VS. ZALA INDRAJITSINH MANUBHA [LAWS(GJH)-2015-3-329] [REFERRED TO]
STATE OF GUJARAT VS. RAISING RAIJIBHAI PARMAR [LAWS(GJH)-2015-3-336] [REFERRED TO]
CHHATRASINH BALUSINH VS. STATE OF GUJARAT [LAWS(GJH)-2015-2-126] [REFERRED TO]
STATE OF GUJARAT VS. JAYENDRAKUMAR @ JAYESH PALABHAI [LAWS(GJH)-2015-4-92] [REFERRED TO]
STATE OF GUJARAT VS. RAMANSINH RATANSINH BARIYA & OTHER [LAWS(GJH)-2015-3-273] [REFERRED TO]
SHARIFKHAN HAMIRKHAN MAKRANI VS. STATE OF GUJARAT [LAWS(GJH)-2015-3-275] [REFERRED TO]
MANJULABEN VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-299] [REFERRED TO]
RAJESH N RAJPUT VS. STATE OF GUJARAT [LAWS(GJH)-2015-1-309] [REFERRED TO]
STATE OF GUJARAT VS. MANSHUKHBHAI MADHABHAI JOGADIYA & 2 [LAWS(GJH)-2015-3-288] [REFERRED TO]
STATE OF GUJARAT VS. DIXITGIRI NARESHGIRI GOSAI [LAWS(GJH)-2015-3-295] [REFERRED TO]
STATE OF GUJARAT VS. GADHAVI MOJDAN HARISINH & 1 [LAWS(GJH)-2015-3-309] [REFERRED TO]
STATE OF GUJARAT VS. MADHABHAI BHULABHAI ROHIT & ANR [LAWS(GJH)-2015-2-228] [REFERRED TO]
STATE OF GUJARAT VS. T KOLI RAMESHBHAI DEVABHAI & OTHER [LAWS(GJH)-2015-2-229] [REFERRED TO]
STATE OF GUJARAT VS. PATEL AMRUTLAL KESHAVLAL & 2 [LAWS(GJH)-2015-2-230] [REFERRED TO]
STATE OF GUJARAT VS. SULTANBHAI I BISORAVALA [LAWS(GJH)-2015-1-367] [REFERRED TO]
STATE OF GUJARAT VS. CHATURBHAI HIRABHAI PATEL [LAWS(GJH)-2015-1-369] [REFERRED TO]
STATE OF GUJARAT VS. NANABHAI MULJIBHAI BARIYA [LAWS(GJH)-2015-3-338] [REFERRED TO]
STATE OF GUJARAT VS. JAYANTIBHAI MANGABHAI CHAVDA & OTHER [LAWS(GJH)-2015-2-249] [REFERRED TO]
STATE OF GUJARAT VS. MANISHBHAI HAKABHAI CHAUHAN & 1 [LAWS(GJH)-2015-1-408] [REFERRED TO]
STATE OF GUJARAT AND ORS VS. ISHWARBHAI NARANBHAI SOLANKI AND ORS [LAWS(GJH)-2015-3-388] [REFERRED TO]
STATE OF GUJARAT VS. ACHUBA W/O RINAJI SODHA [LAWS(GJH)-2015-3-420] [REFERRED]
STATE OF GUJARAT VS. MUKESH LALIT PRASAD JHA & 1 [LAWS(GJH)-2015-3-433] [REFERRED]
STATE OF GUJARAT VS. KOLI ARJAN JAGA MAJETHIYA & OTHERS [LAWS(GJH)-2015-4-343] [REFERRED]
STATE OF GUJARAT VS. MAHESHBHAI BABUBHAI VAGHARI & 2 [LAWS(GJH)-2015-7-171] [REFERRED]
STATE OF GUJARAT VS. PATEL BALDEVBHAI GANESHBHAI & 3 [LAWS(GJH)-2015-7-172] [REFERRED]
STATE OF GUJARAT VS. PRAFULKUMAR CHIMANLAL VYAS [LAWS(GJH)-2015-7-199] [REFERRED]
JUDGEMENT
-
(1.)Leave granted.
(2.)This appeal by special leave arises out of judgment and order dated 3.1.2013 of the High Court of Uttarakhand in Criminal Appeal No.213 of 2006, whereby Division Bench of the High Court dismissed the appeal preferred by the appellant and affirmed the decision of the trial court convicting her under Section 306 of the Indian Penal Code to undergo three years rigorous imprisonment with fine of Rs.5000/-. The High Court also dismissed the appeal preferred by the State against the judgment of acquittal passed by trial court.
(3.)The prosecution case in a nutshell is that on 6.6.2001 the complainant of the case viz. Captain Jagtar Singh (PW1) lodged a report Ex.A-1 at P.S. Sitarganj, wherein it has been stated that marriage of his daughter Jagpreet Kaur was solemnized with Upkar Singh son of Harpal Singh on 1.3.2001. The complainant gave the articles in the marriage according to his capacity, but in-laws of his daughter used to demand car etc. and used to taunt and harass his daughter. It was further complained that Jagpreet Kaur told the informant that her in-laws harassed her on account of non-fulfillment of demand of dowry and in the intervening night of 5th/6th of June, 2001, she was compelled to commit suicide. On the basis of this complaint, case was registered against the accused persons under Section 304-B, IPC and the police took into custody a small bottle, cover of which was slightly torned, on which "Cypermethrin High Emulsifable Concentrate (Vet) Elitomin 100 E.C." was written. Diary Ex.A-2 written by the deceased was also seized. Dead body was sent for post-mortem, where no apparent injury except ligature mark on the neck was found. According to the concerned Doctor, cause of death of the deceased was due to asphyxia as a result of ante mortem hanging.
(2.)This appeal by special leave arises out of judgment and order dated 3.1.2013 of the High Court of Uttarakhand in Criminal Appeal No.213 of 2006, whereby Division Bench of the High Court dismissed the appeal preferred by the appellant and affirmed the decision of the trial court convicting her under Section 306 of the Indian Penal Code to undergo three years rigorous imprisonment with fine of Rs.5000/-. The High Court also dismissed the appeal preferred by the State against the judgment of acquittal passed by trial court.
(3.)The prosecution case in a nutshell is that on 6.6.2001 the complainant of the case viz. Captain Jagtar Singh (PW1) lodged a report Ex.A-1 at P.S. Sitarganj, wherein it has been stated that marriage of his daughter Jagpreet Kaur was solemnized with Upkar Singh son of Harpal Singh on 1.3.2001. The complainant gave the articles in the marriage according to his capacity, but in-laws of his daughter used to demand car etc. and used to taunt and harass his daughter. It was further complained that Jagpreet Kaur told the informant that her in-laws harassed her on account of non-fulfillment of demand of dowry and in the intervening night of 5th/6th of June, 2001, she was compelled to commit suicide. On the basis of this complaint, case was registered against the accused persons under Section 304-B, IPC and the police took into custody a small bottle, cover of which was slightly torned, on which "Cypermethrin High Emulsifable Concentrate (Vet) Elitomin 100 E.C." was written. Diary Ex.A-2 written by the deceased was also seized. Dead body was sent for post-mortem, where no apparent injury except ligature mark on the neck was found. According to the concerned Doctor, cause of death of the deceased was due to asphyxia as a result of ante mortem hanging.
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