Supreme Court of India
ASHOK KUMAR versus STATE OF N.C.T. OF DELHI AND ORS.
- Decided
- 12 June 2007
- Judges listed
- ARIJIT PASAYAT
- Disposal
- Appeal(s) allowed
Citations
- Official
- [2007] 7 S.C.R. 998 · 2007 INSC 692
Cited by
We found no other Supreme Court judgment we hold that cites this one.
Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.
The Court's text
Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.
DR. ARIJIT PASA Y AT, J. Having heard the learned counsel for the respondent-State, we find that the conviction of the appellant cannot be maintained. It is to be noted that the co-accussed persons were acquitted of all the charges as evidence was not sufficient to substantiate the accusation. Additionally burden has been put on the accused-appellant to show as to under what circumstances the death was caused. The presumption in such matters is relateable to a death occuring within seven years of marriage. Admittedly, the marriage in the present case was solemnised more than IO years before the date of occurrence. That being the position, the order of the High Court is not sustainable and the same is set aside. The appellant is entitled to acquittal. The bail bonds of the accused executed for the purpose of bail in terms of the order dated 15.07.2002 shall stand discharged.
p. 999, margin A
The appeal is allowed. D.G. Appeal allowed.
p. 999, margin C