This judgement lays down the true interpretation to the word ‘cruelty’ mentioned under section 498A and explains the two limbs of the said section. Along with it, the judgement also lays down that the prosecution should explain beyond doubt that the ingredients of section 306 are satisfied.
K.V. Prabhu v/s. State of Karnataka
Criminal Appeal Nos. 1138-1139 of 2016
Before the Honourable Supreme Court of India
Coram: Justice Deepak Mishra, Justice Amitava Roy
Advocate for appellant: Mr. S.R. Singh
Advocate for the respondent: Mr. V.N. Raghupathy
Decided on: November 22, 2016.
Brief Facts: The marriage between appellant and the deceased were solemnised on 12.10.1997. Appellant alleged to have relation with Deepa D/o Ashwathamma. Deceased could not beat this and committed suicide on 20th August 2004. A FIR was launched by the father of the deceased and the Investigation Officer (IO) vide section 161 of Indian Penal Code, 1960, recorded the statement of witnesses. In the charge sheet the appellant was accused of section 201, 302 and 498 of IPC and section 3 of Dowry Prohibition Act, 1961.