Supreme Court of India

Smt Shanti v State of Haryana

AIR 1991 SC 1226; (1991) 1 SCC 37119911 min read
The case in brief30-second read
Facts
A young wife died within seven years of marriage after dowry harassment, and her body was cremated hurriedly. Her mother-in-law and another were convicted under S.304B and S.498A IPC.
Issue
Whether S.304B and S.498A IPC are mutually exclusive.
Held
The two sections are distinct offences and not mutually exclusive, so a person can be charged and convicted under both, though a separate sentence under S.498A is not needed. The S.304B conviction was upheld and the sentence reduced to seven years' rigorous imprisonment.
Principle
Dowry death and cruelty are separate offences; cruelty is a common element.
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Facts

  • A young wife died within seven years of marriage after dowry harassment, and her body was cremated hurriedly. Her mother-in-law and another were convicted under S.304B and S.498A IPC.

Issue

  1. Whether S.304B and S.498A IPC are mutually exclusive.

Held

  • The two sections are distinct offences and not mutually exclusive, so a person can be charged and convicted under both, though a separate sentence under S.498A is not needed. The S.304B conviction was upheld and the sentence reduced to seven years' rigorous imprisonment.

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Citation

Smt Shanti v State of Haryana AIR 1991 SC 1226; (1991) 1 SCC 371

Reported: https://indiankanoon.org/doc/1036680/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.