GURNAIB SINGH v. STATE OF PUNJAB
Case at a glance
Outcome
Partly allowed
Consequently, the appeal is partly allowed and the
Provisions considered
- Indian Penal Code, 1860 ss. 49BA, 304B, 306, 498A
- Code of Criminal Procedure, 1973 ss. 309, 313
- Constitution of India art. 136
- Dowry Prohibition Act, 1961 s. 2
- Indian Evidence Act, 1872 s. 113A
Judgment
prosecuted for commission of offence uls 304-B IPC, on the allegation that the young bride, the wife of the appellant, was harassed and tortured for dowry by the accused so much so that she consumed insecticides and committed suicide. The post mortem report confirmed C the death because of consuming poison; The trial court convicted all the three accused u/s 304-B IPC and sentenced each of them to 7 years RI and a fine of Rs.10,000/-. The accused filed an appeal against their conviction whereas the informant filed a criminal revision D seeking enhancement of sentence. The mother of the appellant died pending appeal and his brother was acquitted by the High Court. However, appellant's conviction was affirmed, but the fine was set aside. In the instant appeal, the question for consideration before the Court was: "whether the deceased was driven to commit suicide because of the harassment meted out to her in connection with demand of dowry." Allowing the appeal in part, the. Court E F HELD: 1.1 When a conclusion is arrived at by courts below which is manifestly erroneous and unsupported by the evidence on record, this Court, in exercise of power under Art. 136 of the Constitution, can re-evaluate and G interfere. [para 16] [578·0-E]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Consequently, the appeal is partly allowed and the
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 49BA, 304B, 306, 498A; Code of Criminal Procedure, 1973 — ss. 309, 313; Constitution of India — art. 136; Dowry Prohibition Act, 1961 — s. 2; Indian Evidence Act, 1872 — s. 113A.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.