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REPORTABLE
VERSUS
JUDGMENT
K.M. JOSEPH, J.
Digitally signed by
NEETU KHAJURIA
Date: 2018.09.26
the respondent-State.
that the Court did not consider the evidence given by the
his two brothers and mother were tried by the trial Court
special leave.
Punjab 1976 (4) SCC 158, the Bench of two learned Judges
Pradesh 2015 (7) SCC 272 wherein the Court inter alia
held as follows:
the room inside the house and that she was trembling and
Section 498-A of the IPC. The Court noted that the case
14
(Emphasis supplied)
assume that the person has indeed caused the dowry death
demand for dowry. The words “soon before” her death has
taunting her that she had brought meagre dowry and that
by her in-laws. She also told him that the accused had
the sale of the crops and would pay the accused the sum
accused had given her beatings and turned her and her
that she was making this telephone call from the PCO.
told that they had not visited him nor he had any
17.02.2001.
follows:
states that his daughter told him all the accused were
that the accused misbehaved with her and she will not go
that she told him that they would kill her. He states
selling the crop. He next says that all the accused re-
that all the accused were maltreating and she was very
much upset and the accused threw her out from the house
and that the accused told her that the accused shall not
that at the time of her death, she was preparing for the
accused used to beat her and she told her that when she
PW1 has spoken about. She does say that the appellant's
deceased and she told her that the deceased was under
follows:
the status of the accused was lower than that of her in-
call on 16.2.2001 that he just saw but did not hear her
fortnight.
present accused.
did not attend the marriage of PW3 from either side (In
SCC 152:
her. On the same day, she goes to the PCO, phones her
father PW1 and tells him about the harassment. PW4 the
person working at the PCO has also stated that she was
weeping and the she made a call. PW1 has spoken about
she was very much upset and the accused had thrown her
out from their house with the daughter and that she will
dowry death.
prosecution’s case?
upon it?
meet both PW1 along with PW3 and complained about threats
told her that her sister was depressed and asked her to
take her home. PW3 states that the deceased told her
had hurled abuse on her father and when she prevented the
PW1 does not depose a word about the telephone call made
and that they had represented that they had applied for
case (supra).
dismissed.
…………………………….J.
(Ranjan Gogoi)
…………………………….J.
(Navin Sinha)
……………………………J.
(K.M. Joseph)
New Delhi;
September 26, 2018