Sanjay Kumar Jain Vs. State of Delhi
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Head Note
Indian Penal Code,1860 - Section 304-B , Section 302
Dowry death - Death of bride by strangulation within one year and two months of marriage at matrimonial home - Accused (husband) charged with offence under Sections 302 and 304 B Indian Penal Code - Accused convicted under Section 302 Indian Penal Code, therefore, charge under Section 304 Indian Penal Code, not dealt with - Supreme Court found that offence under Section 302 Indian Penal Code was not made out - Fact showed that deceased was subjected to cruelty and harassment by accused (husband) and the harassment was in connection with the demand of dowry - Supreme Court set aside the conviction under Section 302 Indian Penal Code and convicted the accused under 304-B Indian Penal Code and sentenced the accused to 9 years R.I. and fine of Rs. 10,000/- even through charge under Section 304-B was not dealt with by courts below.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry death - Death of bride within 7 years of marriage - If death is unnatural, either homicidal or suicidal, it would be death which can be said to have taken place in unnatural circumstances and the provisions of Section 304-B would be applicable - The prosecution is under an obligation to rule out any possibility of natural or accidental death.
Topic(s)-Dowry Death
Important Decision(s)- If death is unnatural, either homicidal or suicidal, it would be death which can be said to have taken place in unnatural circumstances and the provisions of Section 304-B would be applicable.