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Supreme Court of India 2017-04-24 allowed

Heera Lal and Anr vs State of Rajasthan

Bench: 2 — Rohinton Fali Nariman

In Brief

A woman committed suicide by self-immolation after being harassed by her in-laws (father-in-law and mother-in-law) for five years. The trial court acquitted the appellants of cruelty (Section 498A) but convicted them of abetment of suicide (Section 306) based on a dying declaration. The Supreme Court allowed the appeal, holding that since cruelty was not established, the presumption under Section 113A of the Evidence Act could not apply. The court found that harassment alone, without any intention to assist suicide, does not constitute abetment. The judgment was set aside and the appellants were ordered released.

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Criminal Law Dowry-related offences Cruelty Abetment of suicide Dying Declaration Presumption Evidence

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