Matrimonial Law
Mode of Citation- ILC-2015-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2015-SC-MAT-....
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ILC-2009-SC-MAT-Jan-6

Prem Kanwar Vs. State of Rajasthan

Head Note

Indian Penal Code,1860  - Section 304-B

Death of bride burning - Accused (husband) lodged a report with Police that deceased committed suicide by burning - Evidence if neighbourer that when deceased was burning accused did not try to extinguish fire and rather said let her burn - Evidence was persistently taunting and harassing the deceased for not having brought sufficient dowry - It established the offence of accused - Conviction upheld.

Indian Penal Code,1860  - Section 304-B

Dowry death - Defence version that deceased committed suicide by burning - Postmortem report showed that skull bones were found broken - It showed that deceased was killed before death - Not a case of suicide.

Indian Penal Code,1860  - Section 304-B

The following ingredients are to be satisfied - (1) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances. (2) Such death must have occurred within 7 years of the marriage. (3) Soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any relative of her death; and (4) Such cruelty or harassment must be in connection with the demand of dowry.

The Indian Evidence Act, 1872  - Section 113-B , Indian Penal Code,1860  - Section 304-B

The presumption shall be raised on proof of following essentials - (1) The question before the Court must be whether the accused has committed the dowry death of a woman, (2) The woman was subjected to cruelty or harassment by her husband or his relatives. (3) Such cruelty or harassment was for, or in connection with any demand for dowry. (4) Such cruelty or harassment was soon before her death. (5) There must be material to show that soon before her death the victim was subjected to cruelty of harassment - Prosecution has to rule out the possibility of a natural or accidental death.

Topic(s)-Death of Bride Burning , Dowry Death







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