Friday, January 6, 2023

The ingredients required under Section 304 B have not been established as to raise the presumption under Section 113-B of Indian Evidence Act against the appellants / accused, hence no ground for conviction.

Indian Penal Code, 1860 Sections 498A, 304B and 201 Dowry Prohibition Act, 1961 Sections 3 and 4 Dowry death Acquittal of accused - Appeal against acquittal - Unnatural death of deceased in matrimonial home - In view of marriage card, the marriage was solemnized in year 1995 and incident took place on 24.12.2002 Thus, incident in question found to have occurred after 07 years of marriage Appellant has proved that deceased was mentally ill by producing the prescription of the doctor The factum of illness of deceased has also been corroborated by PW.1 the father of deceased, as in his cross-examination he has stated that her daughter was being treated in Laherpur and he incurred all the expenses of treatment Trial Court rightly came to the conclusion that the ingredients required under Section 304 B have not been established as too raise the presumption under Section 113-B of Indian Evidence Act against the appellants - In such a situation, trial Court rightly acquitted the appellants. (Allahabad) [LMAS1990736]

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