38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Patna HC sets aside death sentence in dowry death case [READ JUDGMENT]

By Athira Nair      26 June, 2021 02:49 PM      0 Comments
Patna HC sets aside death sentence in dowry death case [READ JUDGMENT]

The Patna HC has set aside the reference order of the trial court which was regarding the confirmation of death sentence in connection to a dowry death case. 

Patna HC states that one must learn how to not write judgements. This particular judgement from the trial court is an example. The HC observed that the trial court should have avoided the “sweeping and disparaging remarks” made in its judgement with regards to the conduct of the accused people. 

The bench consisted of Justices Ashwani Kumar Singh and Arvind Shrivastava.

The case was regarding the husband and sister-in-law being arrested for the dowry death case by a lower court.

The High Court stated: “Indulging in trial and error in arriving at a decision making tends to cloud the cognitive space with the attendant cognitive biases. The clouded mind then tends to fit in the casual chain to prototypes based on biologically and socially evolved capacities; social pressures, individual motivations and emotions. In making decision a judge is required to avoid the intuitive reflexive outcome based on the casual chain of events that followed and focus on deliberative aspect of the decision making otherwise the judge would tend to draw the illusory correlation between the chain of events and the reflexive outcome.”

Furthermore, the court observes that the decision making requires a certain amount of motivation and cognitive ability of a judge. A well trained and self-realized judge would avoid the biases by relying on his/her cognitive intuition. It helps a judge avoid distorted thinking leading to a more balanced and rational outcome.

“Surprisingly, in the 43rd paragraph, the Trial Court held that the case under section 306 of the IPC is not made out. After alteration of charge, since there was no charge under section 306 of the IPC, there was no occasion for the trial court to have recorded such,” the court added while analyzing the trial court order.

The court lastly declared that in the view of the aforementioned facts and conclusion drawn from them, the court cannot sustain the impugned judgement legally. Consequently, the judgement and the order dated 26.03.2019 and order dated 29.03.2019 were set aside.

 

[READ JUDGMENT]



Share this article:



Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email