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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): P. Sathasivam, B. S. Chauhan , JJ

(A) Evidence Act (1 of 1872) , S.113B, S.27— Dowry death - Suicide note alleged to have been written by deceased wife taken by appellant-husband as defence - Witnesses of panchanama of recovery of suicide note not examined - Complainant father and brother of deceased both have denied suggestion of recovery of any such letter nor letters had been shown to them for identifying the handwriting of (deceased) - There is nothing on record to show that she was educated - Recovery of such letter is to be disbelieved - More, so it has no probative value because it is no body's case that the alleged suicide note is in the handwriting of deceased. (Para 13) (B) Penal Code (45 of 1860) , S.498A— Cruelty - Demand of scooter in close proximity of death - Conduct of accused husband forced deceased wife to @page-SC692leave her matrimonial home just after one year of marriage and stay with her parents for 14 months continuously - It was only at assurance given by panchayat that accused or his family members would not humiliate or subject deceased with cruelty, that she rejoined her matrimonial home - Specific evidence of complainant father of deceased just few days before her death, when he went to see her sister, there was a demand of scooter by appellant - In such a fact situation, cannot ....