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Pasumarthy Prabhakar Rao And Anr. vs State Of Uttar Pradesh on 21 April, 1994 cites

Balbir Singh vs State Of Punjab on 27 September, 1956

24. Balbir Singh v. The State of Punjab, (1987) 1 Crimes 76 (Punj & Har) is a decision which compares the ingredients of an offence under S. 498A, I.P.C. and S. 306, I.P.C. On facts the Court found that no charge was framed under S. 498A, I.P.C. Having framed a charge under S. 306, I.P.C. the Court convicted the accused for an offence under S. 498A, I.P.C. on the presumption that it is the lessor offence compared to the offence under S. 306, I.P.C. The Court held that the conviction for an offence under S. 498A, I.P.C. in the absence of a charge is illegal and set it aside. The learned counsel only relies upon a few observations in paragraph 8 of the judgment wherein the Judge observed that though the amendments introduced in the Penal Code are with the laudable object of eradicating the evil of dowry, such provisions cannot be allowed to be misused by the parents or relatives of a psychopath wife who may have chosen to end her life for reasons which may be many other than that of cruelty. The glaring readlity cannot be ignored that the ugly trend of false implication with a view to harass and blackmail an innocent spouse and his relatives, is fast emerging. It is time to stop this unhealthy trend which results in unnecessary misery and torture to numerous affected persons.
Supreme Court of India Cites 16 - Cited by 77 - S K Das - Full Document
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