Satya Narayan Tiwari @ Jolly Vs. State of U.P.
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Head Note
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Expression "Soon before death" is a relative term and would depend upon circumstances of each case.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Truthful witness - Dowry death - Father of bride lodged FIR - He named only husband and his mother as accused - Husband of deceased and his mother demanded Maruti car after 6 months of marriage which demand persisted till death - Death of deceased by strangulation and burning at Matrimonial home - No eye witness - He did not lodge report against father-in-law and his two unmarried daughters - He rather described that father-in-law of her daughter was a noble man - It indicated that he has not acted out of malice, anger or to wreak vengeance, as otherwise he would have implicated the entire family including the father-in-law of the deceased and two unmarried sisters of the husband of the deceased as is often done by the parental side - His statement with regard to persistent demand of car and torture relied upon which has the natural aura of truth - Conviction upheld.
Indian Penal Code,1860 - Section 304-B
Death of bride by strangulation - Defence version that she committed suicide because she remained in mental tension and gloom because she had not been able to give birth to any child for 3 years - Defence version not tenable - Held - Deceased was only 24 years of age when she died - She was educated upto B.Sc. Standard - She had not passed child bearing age - There was no problem to her child bearing capacity.
Topic(s)-Truthful Witness , Dowry Death