Devinder @ Kala Ram Vs. The State of Haryana
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Presumption as to dowry death - Cruelty - deceased caught fire while she was preparing tea on the stove - The presumption stood rebutted - Held - The evidence of PW-7 and the endorsement marked 'A' in Ext. DD are evidence produced by the prosecution before the Court and such evidence produced by the prosecution before the Court supports the explanation of the appellant no.1 in his statement under section 313, Cr.P.C., that the deceased caught fire while she was preparing tea on the stove - The presumption that they had caused dowry death of the deceased, thus, stood rebutted by the evidence in this case. We find that the High Court has disbelieved the evidence of PW-7 and the endorsement marked 'A' in Ext. DD merely on suspicion and has ignored the relevant provisions of the Indian Evidence Act, 1872, which we have discussed - In the result, we allow this appeal in part, set aside the conviction and sentences for the offence under Section 304B, IPC, and sustain the conviction and sentences under Section 498A, IPC - The appellant no.2 is already on bail - If appellant nos.1 and 3 have already undergone the sentence under Section 498A, IPC, they shall be released forthwith.
Topic(s)-Presumption as to Dowry Death , Cruelty