Sudhir Kumar Vs. State of Punjab
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Head Note
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry death - Death of bride just after 4 months of marriage - She was found dead with burn injuries in bath room of matrimonial home - There was evidence that accused were demanding dowry - Held - Of the five accused, conviction of only husband upheld - It was contended that in the light of the fact that the prosecution story had been disbelieved with respect to four of the five accused, the presumption under Section 113-B of the Evidence Act had been rebutted and as such the appellant was entitled to acquittal on parity with the other accused Contention not tenable - Further held, it is true that in a case where the peculiar evidence has been discarded with respect to four of the five accused, the presumption under Section 113-B could to some extent be said to be dispelled, but the Supreme Court found that the primary role and the weight of the evidence has been on the husband.
Topic(s)-Dowry death
Important Decision(s)-
- Presumption under Section 113-B of the Evidence Act had been rebutted and as such the appellant was entitled to acquittal on parity with the other accused.
- Where the peculiar evidence has been discarded with respect to four of the five accused, the presumption under Section 113-B could to some extent be said to be dispelled.