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Head Note

Indian Penal Code,1860  - Section 304-B , Section 498-A , Section 201 , The Indian Evidence Act, 1872  - Section 113-B

Dowry death - Presumption - There is overwhelming evidence that there was demand of dowry and that Seema was subjected to physical violence and cruelty - Demand for dowry 'soon before her death' is proved, presumption under Section late Chandrahas (husband of the deceased) stated that the death of Seema was either an accident or suicide - The theory of accident put forth by the defence completely falls through since the accused hurriedly conducted the cremation without even waiting for the victim's father 113B of the Evidence Act has to be invoked - In his statement under Section 313 Cr.P.C, and furthermore without lodging a complaint - Find no infirmity in the concurrent findings recorded by the Courts below in convicting the accused 2 and 3 for offence U/s 304B IPC.

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