BIMLA DEVI AND ANR. versus STATE OF JAMMU AND KASHMIR

BIMLA DEVI AND ANR. versus STATE OF JAMMU AND KASHMIR

Conviction under Sections 306 and 498-A is not sustainable as no question relating to demand of dowry or abetment of suicide was put to the accused under Section 313 CrPC during examination, depriving them of opportunity to present defence; conviction is therefore set aside.

Parties
Appellant: Simla Devi; Respondent: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
05 May 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction Upheld by High Court With Reduced Sentence
Outcome
Appeal allowed; conviction set aside
Legal Topics
Sections 306 and 498 a of Ranbir Penal Code, Conviction for Abetment of Suicide, Cruelty and Demand for Dowry, Section 313 Cr PC Examination
Criminal Law Sections 306 and 498 a of Ranbir Penal Code Conviction for Abetment of Suicide Cruelty and Demand for Dowry Section 313 Cr PC Examination

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Parties

Simla Devi

Appellant

State of Jammu and Kashmir

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Upheld by High Court With Reduced Sentence

Legal Issues

  1. 1 Whether conviction under Sections 306 and 498-A of Ranbir Penal Code was sustainable given absence of relevant questions under Section 313 CrPC
  2. 2 Whether alternative conviction can be recorded when charge and evidence differ

Ratio Decidendi

Conviction under Sections 306 and 498-A is not sustainable as no question relating to demand of dowry or abetment of suicide was put to the accused under Section 313 CrPC during examination, depriving them of opportunity to present defence; conviction is therefore set aside.

Court Disposition

Appeal allowed; conviction set aside

Orders

  • Conviction under Sections 306 and 498-A of the Ranbir Penal Code set aside
  • Bail bonds executed pursuant to earlier bail order stand discharged