Sherish Hardenia & Ors. V/s State of M.P. & Anr.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-12-13
Case No: 2087,2088 of 2013
Case Type: Appeal (Criminal)
Judge Name: T.S.Thakur & Vikramajit Sen
Subject: Criminal Law -Abetment of Suicide
Statutes / Acts: Indian Penal Code 1860 (IPC), Code of Criminal Procedure 1973
Bench Strength: Double Bench
Advocate: R.P. Gupta, Megha Gaur and Parmanand Gaur (P) & Vibha Datta Makhija, Sr. Adv., Mishra Saurabh, C.D. Singh, Santosh Kumar et. al.(R)
State of Appellant(s): Madhya Pradesh
History of Case No: From the Judgment and Order dated 06.05.2008 of the High Court of M.P. at Jabalpur in CRLR No. 1400 of 2004
Equal Citation Details :

I(2014)CCR92(SC), I(2014)DMC254SC, 2014(1)JCC369, 2014(1)JLJ301, 2014(1)MLJ(Crl)222, 2014(1)N.C.C.78, 2014(1)RCR(Criminal)342, 2013(15)SCALE260, 2014I AD (S.C.) 456, 2014 (84) ALLCC 672, 

Case Note / Description :

The learned Single Judge has also rightly supported the decision of the Sessions Judge in holding that the material on record was insufficient to even prima facie indicate the complicity of Sangeeta in the alleged offences of cruelty and abetment of suicide. We entirely agree with the conclusion arrived in the impugned Order to the effect that a prima facie case justifying the trial of the Lajja Shankar, Meera and Sherish have been established and that the Sessions Judge erred in discharging these three persons. Accordingly, the appeals fail and are dismissed being devoid of merits. We would have imposed exemplary costs on the Appellants in these proceedings but for the fact that the impugned Order reverses the order passed by the Sessions Court. In other words if we had been confronted with concurrent findings punitive costs would have followed

 
 
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