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No iota of element of evidence, clear in 498a and 306 IPC

Supreme Court of India

State Of Maharashtra
vs
Ashok Narayan Dandalwar on 27 April, 2000

Equivalent citations: 2000 CriLJ 4993, JT 2000 (7) SC 468, (2000) 9 SCC 257

Bench: G Pattanaik, S Variava
JUDGMENT

JUDGEMENT

1. This interest is destined opposite an sequence of exculpation available by a High Court of Bombay acquitting a accused-respondent of his self-assurance underneath Section 498A of a I.P.C.

2. The indicted stood charged underneath Sections 498A and 306, I.P.C., and a schooled hearing Judge clear him of a assign underneath Section 306, I.P.C., though convicted underneath Section 498A, I.P.C. On an interest being carried, a High Court examined a whole element on record and came to a end that there is not an iota of element on a basement of that a cruelty that is a required part for bringing home a assign underneath Section 498A, I.P.C. can be pronounced to have been determined and accordingly clear him.

3. Mr. Deshpande, appearing for a State vehemently contended that a verbal justification review with a letters ostensible to have been created by a defunct to her hermit as good as other persons unquestionably indicates a diagnosis that was meted out to her by a indicted and therefore, a sequence of exculpation is unconditionally unjustified. But, carrying left by a letters constructed by a prosecution, we do not find even a smallest avowal in any of a letters angry opposite a father possibly he was creation any direct during any indicate of time or he has assaulted or treated a mother with cruelty or torture. In that perspective of a matter, when in so many letters (Exts. 11 to 17) a defunct has not reflected any cruelty purported to have been meted out to her by a husband. It is formidable to say a self-assurance on a verbal testimony of a younger hermit of a defunct and, in a view, a High Court was entirely fit in recording an sequence of acquittal. We see no merits in this interest to meddle with a pronounced sequence of acquittal.

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4. The interest accordingly fails and is dismissed. The bail holds of a respondent shall mount discharged.

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