Penal Code, 1860 — Sections 306 & 498-A — Acquittal

August 6th, 2013

Penal Code, 1860 — Sections 306 & 498-A — Acquittal — Interference with concurrent findings — Permissibility — Deceased committed suicide by consuming poison at her residential apartment and left behind a suicide note absolving respondent-husband and all others — Testimony of son of deceased revealed that on the day of occurrence, the deceased herself opted not to go to the movie on that day along with the respondent and their two sons and neither the respondent nor the two sons had any thought that the deceased would commit suicide when they went to the movie — Evidence of deceased’s son also not revealed any act of cruelty or harassment — Fact stated by the deceased’s son that the respondent used to take away the salary of the deceased, held tobe not material as he very fairly conceded in cross examination that he had not stated before the police that the respondent used to take away the salary of the deceased — Considering said materials, concurrent findings of the courts below declined to be interfered with by the Supreme Court — Constitution of India — Article 136.

(Paras 5 to 7)

K.R.J. Sarma v. R.V. Surya Rao[Bench Strength 2], Criminal Appeal No(S). 1605/2007(01/04/2013), 2013(5) SCALE 391: 2013(4) SCC 118: 2013(2) JCC 979: 2013 CrLJ 2189 [A.K. Patnaik, J.: Sudhansu Jyoti Mukhopadhaya, J.]

Entry Filed under: Judgements