Kanti Lal Vs. State of Rajasthan
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Head Note
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 32
Dowry death - Death of bride by burning within 3 years of marriage - Constant demand of dowry by accused proved by prosecution - Accused convicted despite the fact that deceased stated in dying declaration that she caught accidental while she was litting Chimney and she was taken to hospital by accused - Genuineness of dying declaration doubted on following grounds - (1) Tehsildar did not obtain any certificate from doctor that she was in a fit state of mind nor he himself recorded any endorsement to this effect on dying declaration. (2) Evidence on record showed that dying declaration was recorded by the Reader of the Tehsildar and not by Tehsildar. (3) Tehsildar did not ask preliminary questions from the deceased before the dying declaration which created doubt truthfulness and correctness of dying declaration (4) Tehsildar did not make and endorsement to the effect that it was read over and explained to the deceased. (5) Tehsildar handed over the dying declaration to SHO without seal. 1972(3) SCC 361 relied.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry Death - The essential required to be proved for raising the said presumption are - (i) the question before the court must be whether the accused has committed the dowry death of the woman, (ii) the woman was subjected to cruelty or harassment by her husband or his relatives, (iii) such cruelty or harassment was for or in connection with any demand for dowry , and (iv) such cruelty or harassment was soon before her death.
Indian Penal Code,1860 - Section 304-B
Dowry Death - Ingredients necessary for application of Section 304-B Indian Penal Code are - (1) When the death of a woman is caused by any burns or bodily injury, or (2) occurs otherwise than under normal circumstances (3) and the aforesaid two facts spring within 7 years of girl's marriage (4) and soon before her death, she was subjected to cruelty or harassment by her husband or his relative, (5) this is in connection with the demand of dowry.
Topic(s)-Dowry Death