Supreme Court · 2013 INSC 87 · Decided 8 February 2013
Atmaram S/O Raysingh Rathod v. State of Maharashtra
- Court
- Supreme Court of India
- Citation
- 2013 INSC 87 · [2013] 1 S.C.R. 867
- Case number
- CRIMINAL APPEAL No. 985/2004
- Decided
- 8 February 2013
- Bench
- A.K. PATNAIK, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 306, 498, 34, 498A; Evidence Act Section 113, 113A
Headnote
Evidence Act, 1872: s. 113-A - Presumption as to abetment of suicide - 'Cruelty' - Suicide by second wife of appellant -. Conviction A 8 c of appellant ulss 306 and 498-A - Held: It is not the case of prosecution that appellant had subjected the deceased to cruelty of the nature described in 0 to s.498A, /PC - As regards clause (a) of the Explanation, prosecution has not been able to prove beyond reasonable doubt that appellant was guilty of any wilful conduct which was of such a nature as was likely to drive deceased to commit suicide - Therefore, presumption u/s 113A is not
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