Indian Penal Code, 1860
Section 498A—Dowry harassment—Conviction—Appeal—Contention that there is absolute absence of any evidence against the appellant to connect him with the alleged crime and it is only because he being the husband of second accused who is the sister of first accused i.e. the husband of deceased that he was implicated—Marriage of appellant with the second accused was solemnized much after the main incident of dowry demand—No specific evidence brought out by prosecution against appellant—None of prosecution witnesses had specifically deposed against appellant of having committed any cruelty which attract the offence under Section 498A of IPC—There is also no complaints were filed implicating the appellant earlier to the subject FIR—No evidence against appellant to hold that he has committed the offence under Section 498A of IPC, even with the aid of Section 34 of the Code—Being the husband of second accused, who was found guilty by the courts below for the alleged offence cannot be a ground to hold the appellant guilty under the said offence in the absence of any specific material on record—Court have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons—Conviction set aside.
[Paras 9 & 14]