Amar Singh Vs. State of Rajasthan
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Head Note
Indian Penal Code,1860 - Section 304-B
Reduction in Sentence - Held - Where there is no evidence as to the actual part played by the accused, a minimum sentence of seven years would serve the ends of justice.
Indian Penal Code,1860 - Section 304-B
Soon before Death - Deceased told her mother and brother that accused (husband) made a demand of scooter or Rs. 25,000/- and used to taunt the deceased that she had come from a hungry home - Death of deceased by burning a month after she last visited her mother - Held, it proved that soon before her death the deceased has been subjected by the appellant to taunt in connection with demand for dowry.
Indian Penal Code,1860 - Section 498-A , Section 304-B
Dowry death - Acquittal of all accused except husband - Allegation against husband, his mother and brother that they demanded scooter and harassed and teased the bride - Death of bride by burning - No evidence as to what was the exact act and conduct of mother and brother by which the deceased felt tortured - Held - A prosecution witness who merely uses the word "harassed" or "tortured" and does not describe the exact conduct of the accused which, according to him, amounted to harassment or torture may not be believed by the Court in cases under Section 498A and 304B Indian Penal Code - Husband sentenced to life imprisonment, but sentence reduced to 10 years RI.
Indian Penal Code,1860 - Section 498-A , Section 304-B
Dowry death - Allegation that mother and brother of accused (husband) demanded dowry of scooter or Rs. 25000/- from bride for the accused - Death of bride - No evidence that she was harassed or subjected to cruelty by them - Held - Demand of dowry by itself is not an offence under Section 498A or Section 304B Indian Penal Code.
The Indian Evidence Act, 1872 - Section 32 , Section 60
Hearsay evidence - Dying declaration - Death of bride by burning at marital home within 10 months of marriage - Evidence of mother and brother that deceased had been telling them she was being harassed by her husband and in-laws - Contention of defence that evidence was hearsay evidence and was not admissible in evidence under Section 60 of Evidence Act - Contention not tenable - Evidence of mother and brother of deceased is no doubt hearsay, but is admissible under Section 32(1) of Evidence Act. (1984) 4 SCC 116, AIR 1939 PC 47 relied.
Topic(s)-Dowry Death , Reduction in Sentence , Soon before Death , Hearsay Evidence , Dying Declaration
Important Decision(s)- Demand of dowry by itself is not an offence under Section 498A or Section 304B Indian Penal Code.