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Jaggu Singh vs State Of U.P. & Anr on 8 April, 2010

Supreme Court of India Jaggu Singh vs State Of U.P. & Anr on 8 April, 2010Bench: Harjit Singh Bedi, J.M. Panchal

Crl. App. No. 1168 of 2003

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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1168 OF 2003

JAGGU SINGH ….. APPELLANT VERSUS

STATE OF U.P. & ANR. ….. RESPONDENTS O R D E R

1. This appeal is against the concurrent finding of the trial court as well as the High Court whereby respondent No. 2, the husband has been acquitted for the offences under Sections 304B and 498A of the Indian Penal Code for having caused the dowry death of his wife about two years after the marriage. Both the courts have noted that a suicide note had been written by the deceased shortly before her death in which she had observed that nobody was responsible for her death either from the side of her in- laws or from the side of her parents and she was committing suicide as she had lost interest in life and that nobody should be held responsible for her death. The courts below have also noted that the attempt of the appellant herein Jaggu Singh, the father of the deceased, Crl. App. No. 1168 of 2003

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to bring in evidence in Court with regard to the cruelty meted out to his late daughter could not be believed for the simple reason that he had made no such statement under Section 161 of the Code of Criminal Procedure. We are, therefore, of the opinion that in the light of the concurrent findings of fact recorded by the trial court as well as by the High Court, no interference is called for in this appeal.

2. For the reasons aforesaid, the appeal is dismissed. ………………J

[HARJIT SINGH BEDI]

………………J

[J.M. PANCHAL]

NEW DELHI

APRIL 08, 2010.

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