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Head Note

Indian Penal Code,1860  - Section 498-A , Section 304-B , The Indian Evidence Act, 1872  - Section 32 (1) , Section 113-B

Dowry Death - Presumption - Dying Declaration - Death caused due burn injuries - Immediately after the incident within half an hour the appellant-husband took his wife to the hospital and got her admitted where medico legal examination was recorded by PW-1 Dr. - Parents of the deceased were informed about the incident and they visited their injured daughter in the hospital - She died five days after the incident - Naib Tehsildar on next day of the incident recorded the dying declaration and DW-1 Dr., Medical Officer of the hospital where she was admitted, was present at the time of recording of dying declaration and he made the endorsement that the patient was in a fit condition to make it - Held that the courts below have erred in law in not relying the dying declaration recorded by the Naib Tehsildar in the presence of the Medical Officer, on the request of the police, which is voluntary and truthful - Find sufficient evidence that the defence has discharged its onus to rebut the presumption that could have been gathered under Section 113B of the Indian Evidence Act, b - Conviction of the appellant under Section 498A IPC upheld, under Section 304B IPC liable to be set aside.

Topic(s)-Dowry Death - Dying declaration - Acquittal