SONI DEVRAJBHAI BABUBHAI v. STATE OF GUJARAT AND ORS

Citation: [1991] 3 S.C.R. 812

Court: Supreme Court of India

Bench: L.M. SHARMA, J.S. VERMA

Case summary

1988, the Learned Magistrate dismissed the petitioner's application holding that this amendment being prospective was inapplicable to a death which occurred on 13.

Judgment text

The Judgment of the Court was delivered by VERMA, J. Petitioner's daughter Chhaya was married to Respondent No. 2 Satish on 5. 12. 1984 and they started living together in their marital home at Bagasara. On 13. 8. 1986, Chhaya died at Bagasara. The petitioner and his wife got some vague information about their daughter Chhaya and went to Bagasara, the same day but were unable to meet or see their daughter who had died. The petitioner suspected that their daughter's death was unnatural resulting from torture by her husband and his relatives. The petitioner filed a criminal complaint against Respondent Nos. 2 to 5, who are the husband, his parents and sister which was transferred to the Court of Judicial Magistrate First Class at Dhari and registered as Criminal , ,. , Case No. 382 of 1988 for an offence under section 498-A read with section 34 I. P. C.

The petitioner filed an application for committing the case to the Court of Session for trial for an offence punishable under section 304-B 1. P. C. which was inserted in the Indian Penal Code by Act No. 43 of 1986 w. e. t. 19. 11. 1986. On 29. 11. 1988, the Learned Magistrate dismissed the petitioner's application holding that this amendment being prospective was inapplicable to a death which occurred on 13. 8. 1986, prior to the amendment. Aggrieved by this order, the petitioner moved an application (Misc. Criminal Application No. ·32 of 1989) in the High Court of Gujarat for a direction to c0mmit this case of dowry death to the Court of Session since an offence punishable under section 304-B is triable by the Court of Session. By the impugned order dated January 10, 1989, the High Court has dismissed that application. Hence this special leave petition.