Indian Penal Code,1860  - Section 302 , Section 498-A

Dowry death - Conviction - HC concurred with decision of Trial court - Extra-judicial confession made by the appellant before PW9 was disbelieved by the HC - They were living in the same house - Prosecution was that the deceased was harassed by the appellant for additional dowry - Established by the evidence of PW1 to PW4 - The death of deceased in the opinion of the doctor was caused by strangulation even if believed would need not lead to the conclusion that it was only the appellant who should be held responsible for such strangulation - Building in which appellant and the deceased were living consists of four portions where others were also living - SC noticed from the evidence of doctor that he was of the opinion that asphyxia could occur either because of strangulation or hanging - Only by a very close scrutiny of the symptoms the exact cause of asphyxia could be identified - Even if SC could give the benefit of the above mentioned doubt to the appellant, the appellant could not escape his liability for a charge u/s.304B IPC which created a legal fiction - SC altered the conviction of the appellant for an offence u/s. 302 IPC to an offence u/s.304B IPC and reduced the sentence to the period already undergone - Order accordingly.

Topic(s)-Dowry death - Extra-judicial confession