Supreme Court of India
Atmaram S/o Raysingh Rathod v. State of Maharashtra
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What the Court ordered
For the aforesaid reasons, we allow this appeal and set aside the impugned judgment of the High Court and the D judgment of the trial court holding the appellant guilty of the offences under Sections 306 and 498A, IPC and direct that the bail bonds executed by the appellant be discharged.
Judgment, page 14
From the headnote
Evidence Act, 1872: s. 113- - Presumption as to abetment of suicide - 'Cruelty' - Suicide by second wife of appellant -. Conviction 8 c of appellant ulss 306 and 498- - Held: It is not the case of prosecution that appellant had subjected the deceased to cruelty of the nature described in clause (b) of Explanation 0 to s.498A, /PC - As regards clause (a) of the Explanation, prosecution has not been able to prove beyond reasonable doubt that appellant was guilty of any wilful conduct which was of such a nature as was likely to drive deceased to commit suicide - Therefore, presumption u/s 113A
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