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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 following disputes with her in-laws over dowry and residency. While Trial Court acquitted the in-laws under Section 498A (cruelty) but convicted them under Section 306 (abetment of suicide), the High Court upheld the conviction relying on Section 113A presumption (suicide within 7 years of marriage). The Supreme Court allowed the appeal, holding that since the in-laws were acquitted under Section 498A, the third ingredient for Section 113A—proof of cruelty—was missing. Harassment, being lesser than cruelty, cannot trigger the presumption. Moreover, the dying declaration showed no intention by the in-laws to assist the suicide, fully rebutting the presumption. Abetment of suicide was therefore not established.

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Criminal Law Dowry and Cruelty Suicide Evidence Dying Declaration Presumptions

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