Supreme Court · 2009 INSC 186 · Decided 13 February 2009

Gopal v. State of Rajasthan

Court
Supreme Court of India
Citation
2009 INSC 186 · [2009] 2 S.C.R. 423
Case number
CRIMINAL APPEAL No. 57/2002
Decided
13 February 2009
Bench
ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 498A, 306, 323; CrPC Section 174; Evidence Act

Headnote

423 GO PAL A V. STATE OFRAJASTHAN Criminal Appeal No. 57 of 2002 FEBRUARY 13, 2009 B (DR. ARIJIT PASAYAT AND DR. MUKUNDAKAM SHARMA, JJ.) .If' Penal Code, 1860· : . ss. 498A, 306 and 323 - Applicability of - Death of wife c due to asphyxia, 22 years after marriage - FIR against husband - Thus, s. 498A(b) ands. 306 not applicable - D _...., Since, husband has been in custody for 6 months, his conviction uls. 323 not considered - Conviction uls. 498A set aside. Prosecution case was that wife died 22 years afte,r the marriage. The cause of death was asphyxia, due to opium

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