(2013) 3 Supreme Court Cases 684<\/p>\n\n\n\n
VIPIN JAISWAL (A-I) Vs STATE OF ANDHRA PRADESH REPRESENTED<\/p>\n\n\n\n
A. Penal Code, 1860 \u2013 Ss. 304-B and 498-A \u2013 Dowry death alleged \u2013 Suicide by wife \u2013 Husband accused of abetting the same and causing dowry death \u2013 Suicide note allegedly written by deceased found \u2013 Said note holding no one responsible for her death \u2013 Proof of suicide note \u2013 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 \u2013 Courts below by their own imaginary reasoning disbelieved statement of husband \u2013 Impropriety of \u2013 Proper course to be taken by courts below \u2013 What should be \u2013 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 \u2013 In the alternative, trial court and High Court could have sought for an expert\u2019s opinion under S. 45, Evidence Act, on whether handwriting and signature were that of deceased \u2013 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 \u2013 Evidence Act, 1872, Ss. 73 and 45<\/p>\n\n\n\n
B. Penal Code, 1860 \u2013 Ss. 304-B and 498-A \u2013 Dowry demand \u2013 What is \u2013 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 \u2013 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 \u201cdowry demand\u201d within the meaning of S.2, dowry Prohibition Act, 1961<\/p>\n\n\n\n
C. Penal Code, 1860 \u2013 Ss. 304-B and 498-A \u2013 Culpability under \u2013 Establishment of \u2013 Requirements \u2013 Principles reiterated<\/p>\n\n\n\n
D. Penal Code, 1860 \u2013 Ss. 304-B and 498-A \u2013 Dowry death \u2013 Wife committing suicide \u2013 Death due to burn injuries \u2013 General allegations made against accused husband by PWs and suicide note exonerating husband \u2013 Reasonable doubt \u2013 Conviction reversed \u2013 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 \u2013 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 \u2013 Evidence Act, 1872, S. 113-B<\/p>\n","protected":false},"excerpt":{"rendered":"
(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 […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2548","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n