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Parveen Kumar vs The State of Himachal Pradesh

Not available · 2024 INSC 717Decided 23 Sept 2024
Not available
Justice Bela M. Trivedi · Justice Satish Chandra Sharma

Background

The appellant married Raksha Devi in 1992, and the prosecution's case was that he beat her even during pregnancy, prompting her to file a dowry-cruelty FIR, a maintenance petition, and a separate complaint against him. Although she later told the courts she wished to withdraw these cases and had returned to live with him, she died in September 1994 after consuming poison within two years of the marriage. Her brother lodged a fresh FIR alleging that the appellant's cruelty had driven her to suicide, and the trial court convicted the appellant of cruelty (498-A) while acquitting him of abetment of suicide (306); the High Court later also convicted him under Section 306.

Decision Breakdown

The Supreme Court held that since the suicide occurred within seven years of marriage and cruelty under Section 498-A was already proved, the High Court was right to invoke the statutory presumption under Section 113A of the Evidence Act that the husband abetted the suicide. It rejected the appellant's argument that the earlier settlement between the parties showed the marriage had turned harmonious, noting he never informed the deceased's parents of her death and that his defence witnesses lacked credibility given the three cases she had filed against him. The Court found no illegality in the concurrent findings of the trial court and High Court and dismissed the appeal, upholding the conviction under both Sections 498-A and 306 IPC.

Lesson Learnt

Where a wife dies by suicide within seven years of marriage and cruelty by her husband is separately proved, the law presumes he abetted her suicide unless he can rebut it: a settlement or reconciliation shortly before death does not automatically erase this presumption.

Official source (sci.gov.in)View Judgment (PDF)

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