Supreme Court · 2008 INSC 1100 · Decided 29 September 2008
Balwant Singh and ORS. v. State of H.P.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1100 · [2008] 13 S.C.R. 1111
- Case number
- CRIMINAL APPEAL No. 831/2001
- Decided
- 29 September 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 498, 498A, 306, 3048, 1138; Evidence Act Section 1138
Headnote
Penal Code, 1860: S. 498-A - Applicability of - A persoQ charged and acquitted u/s. 3048 can be convicted uls .. 498A c without that charge being there, if a case is made out - s. 3048 and s.498A deal with distinct offences hence cannot be held to be mutually inclusive - evidence to es- tablish guilt of brother-in-Jaw, . his conviction under s.498A is , set aside - Offence established in case of husband and in-. D ... Jaws on the basis of testimony of witnesses and letters and their conviction is upheld - However, considering age of in- laws, sentence of one
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