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23 Gurbachan Singh Vs Satpal Singh & Ors On 26 September, 1989

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23 Gurbachan Singh Vs Satpal Singh & Ors On 26 September, 1989

case law 5

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Gurbachan Singh vs Satpal Singh & Ors on 26 September, 1989

Gurbachan Singh vs Satpal Singh & Ors on 26 September, 1989

Equivalent citations: 1990 AIR 209, 1989 SCR SUPL. (1) 292, AIR 1990
SUPREME COURT 209, 1990 (1) SCC 445, 1989 4 JT 38, 1990 (1) CURCRIJ 22,
1990 SCC(CRI) 151, 1990 IJR 54, 1989 MARR LJ 602, (1990) 11 RECCRIR 279,
(1990) 1 CHANDCRIC 70, (1990) 1 CRILC 409, (1990) 1 DMC 1, (1990)
EASTCRIC 32, (1990) 1 HINDULR 353, (1990) 2 MAHLR 92, (1990) MATLR 1

Author: Sabyasachi Mukharji

Bench: Sabyasachi Mukharji, B.C. Ray

PETITIONER:
GURBACHAN SINGH

Vs.

RESPONDENT:
SATPAL SINGH & ORS.

DATE OF JUDGMENT26/09/1989

BENCH:
MUKHARJI, SABYASACHI (J)
BENCH:
MUKHARJI, SABYASACHI (J)
RAY, B.C. (J)

CITATION:
1990 AIR 209 1989 SCR Supl. (1) 292
1990 SCC (1) 445 JT 1989 (4) 38
1989 SCALE (2)677

ACT:
Criminal Trial--Criminal charge must be brought home-
Proved beyond all reasonable doubt-abetment separate and
distinct offence--Letting guilty escape is not doing justice
according to law.

HEADNOTE:
Ravinder Kaur, daughter of Gurbachan Singh was married
to Satpal Singh in November, 1962. She died on 25th June,
1983 at about 2.30 P.M. It was alleged, she committed sui-
cide because of the harassment, constant taunts and cruel
behaviour of her in-laws towards her and persistent demand
for dowry and insinnuations that she was carrying an ille-

Indian Kanoon - http://indiankanoon.org/doc/21652/ 1


Gurbachan Singh vs Satpal Singh & Ors on 26 September, 1989

"113-A. Presumption as to abetment of suicide by a married women--When the


question is whether the commission of suicide by a woman had been abetted by her
husband or any rela- tive of her husband and it is shown that she had committed
suicide within a period of seven years from the date of her marriage and that her
husband or such relative of her husband had subjected her to cruelty, the court may
presume, having regard to all the other circumstances of the case, that such suicide
had been abetted by her husband or by such relative of her husband."

In the instant case the deceased Ravinder Kaur was married to the accused, Satpal Singh in
November, 1982 and she committed suicide on June 25, 1983. It has also been found on a
consideration of the circumstantial evidence that she was compelled to take the extreme step of
committing suicide as the accused persons had subjected her to cruelty by constant taunts,
mal-treatment and also by alleging that she has been carrying an illegitimate child. The suicide
having been committed within a period of seven years from the date of her marriage in accordance
with the provisions of this Section, the Court may presume having regard to all the other
circumstances of the case which we have set out earlier that such suicide has been abetted by the
husband and his relations. Therefore, the findings arrived at by the Additional Sessions Judge are
quite in accordance with the provisions of this Section and the finding of the High Court that the
accused persons could not be held to have instigate or abetted the commission of offence, is not
sustainable in law.

It has been contended on behalf of the accused-respond- ents that Section 113-A of the Indian
Evidence Act was inserted in the Statutes Book by Act 46 of 1983 whereas the offence under Section
306, I.P.C. was committed on June 23, 1983 i.e. prior to the insertion of the said provision in the
Indian Evidence Act. It has, therefore, been submitted by the learned counsel for the respondents
that the provi- sions of this Section cannot be taken recourse to while coming to a finding regarding
the presumption as to abetment of suicide committed by a marriage woman, against the ac- cused
persons.

The provisions of the said Section do not create any new offence and as such it does not create any
substantial right but it is merely a matter of procedure of evidence and as such it is retrospective and
will be applicable to this case. It is profitable to refer in this connection to Hals- bury's Laws of
England, (Fourth Edition), Volume 44 Page 570 wherein it has been stated that:

"The general rule as mat all statutes, other than those which are merely declaratory
or which relate only to mat-

ters of procedure or of evidence, are prima facie prospective, and retrospective effect
is not to be given to them unless, by express words or necessary implication, it
appears that this was the intention of the legislature It has also been stated in the said
volume of Halsbury's Law of England at page 574 that:

"The presumption against retrospection does not apply to legislation concerned


merely with matters of procedure or of evidence; on the contrary, provisions of that

Indian Kanoon - http://indiankanoon.org/doc/21652/ 13

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