Suresh Kumar Singh Vs. State of U.P.
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Head Note
Indian Penal Code,1860 - Section 304-B , Section 498-A
Dowry Death - Harassment had been done regarding demand of dowry one year prior to death of deceased due to burn injuries - Appellant has recently been found guilty of Commission of offence under Section 498 -A of Indian Penal Code - Sentence imposed on him on that Count is, therefore, maintained.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-A , Section 113-B
Dowry death - As the death of deceased had not taken place within a period of seven years of marriage and there was no evidence that any cruelty had been inflicted upon deceased soon before her death - Neither the presumption in terms of Section 113B of Evidence Act could have been drawn - Nor it could be concluded that appellant-accused is guilty of commission of offence under Section 304-B.
Indian Penal Code,1860 - Section 304-B
Dowry death - Words "soon before her death" in Section 304-B - Some harassment which had taken place one year prior to death without something more - Could not have been considered cruelty which had been inflicted "soon before" death of deceased - It does not satisfy the proximity test.
Topic(s)-Dowry Death