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-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAT-Jan-7

Deen Dayal Vs. State of U.P.

Head Note

Indian Penal Code,1860  - Section 304-B

Dowry death - Defence version that deceased had gone to fetch water and while pulling up the pail of water she accidentally slipped and fell down into the well and died - Medical evidence that death was caused due to coma resulting from head injury and she was thrown into well when she was already dead or was dying - Conviction of husband and his parents upheld.

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

Dowry Death - Meaning of expression "soon before death" - Bride was being subjected to cruelty persistently by making demand of dowry - Death occurred two months after last demand - Held, it was cruelty soon before death - There can be no fixed period in this regard - It would depend upon facts of each case - Further held - The words "soon before her death" are to be understood in a relative and flexible sense.

The Indian Evidence Act, 1872  - Section 137 , Section 138

Cross-examination - Examination of witness - Evidence of the witness has to be taken as a whole and not by plucking out one or two sentences from here and there.

Topic(s)-Soon Before Death , Cross-examination , Dowry Death







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