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Supreme Court of India 2023-02-28 partly_allowed

KASHIBAI & ORS vs THE STATE OF KARNATAKA

Bench: 2 — Ajay Rastogi, Bela M. Trivedi

In Brief

A widow's parents-in-law, father-in-law and husband were convicted of cruelty under Section 498A IPC for demanding dowry and ill-treating her, leading to her suicide by jumping into a well. The Supreme Court upheld the Section 498A convictions but acquitted them of abetment of suicide under Section 306 IPC. The Court held that while cruelty and dowry demand were proved, the prosecution failed to adduce clinching evidence that the accused specifically instigated or aided the deceased to commit suicide. The discretionary presumption under Section 113A Evidence Act cannot be invoked without positive evidence linking accused conduct to the victim's suicide decision. Mere proof of cruelty insufficient for Section 306 conviction.

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Criminal Procedure Abetment of Suicide Dowry Cruelty Domestic Violence Evidence Presumptions Death Inquiry Burden of Proof

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