(2013) 3 Supreme Court Cases 684
VIPIN JAISWAL (A-I) Vs STATE OF ANDHRA PRADESH REPRESENTED
A. Penal Code, 1860 – Ss. 304-B and 498-A – Dowry death alleged – Suicide by wife – Husband accused of abetting the same and causing dowry death – Suicide note allegedly written by deceased found – Said note holding no one responsible for her death – Proof of suicide note – Evidence of husband, that aforesaid note was written by deceased herself and was signed by her and that he was acquainted with her handwriting and signature – Courts below by their own imaginary reasoning disbelieved statement of husband – Impropriety of – Proper course to be taken by courts below – What should be – Held, trial court and High Court could have recorded a finding one way or the other by comparing handwriting and signatures under S. 73, Evidence Act – In the alternative, trial court and High Court could have sought for an expert’s opinion under S. 45, Evidence Act, on whether handwriting and signature were that of deceased – But neither trial court nor High Court resorted to these provisions of Evidence Act and instead by their own imaginary reasoning disbelieved statement of appellant-accused (husband), which was not proper – Evidence Act, 1872, Ss. 73 and 45
B. Penal Code, 1860 – Ss. 304-B and 498-A – Dowry demand – What is – Held, evidence of PWs 1 and 4 (father and mother of deceased, respectively) is that demand of 50,000 by appellant husband was made six months after marriage and that too for purchasing a computer to start his own business – Both trial court and High Court failed to appreciate that such demand, if at all made by appellant from deceased, was not in connection with marriage and was not really a “dowry demand” within the meaning of S.2, dowry Prohibition Act, 1961
C. Penal Code, 1860 – Ss. 304-B and 498-A – Culpability under – Establishment of – Requirements – Principles reiterated
D. Penal Code, 1860 – Ss. 304-B and 498-A – Dowry death – Wife committing suicide – Death due to burn injuries – General allegations made against accused husband by PWs and suicide note exonerating husband – Reasonable doubt – Conviction reversed – Held, evidence of prosecution witnesses, and in particular PWs 1 and 4, shows that they have made general allegations of harassment by appellant towards deceased and have not brought in evidence of, any specific acts of cruelty or harassment by appellant of deceased – Again, suicide note left by deceased appears to be written according to her free will saying that nobody was responsible for her death and that her parents and family members have harassed her husband and she was taking the step as she was fed up with her life – Evidence Act, 1872, S. 113-B