Maya Devi & Anr. Vs. State of Haryana
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Head Note
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry Death - Presumption - Expression 'soon before her death' - Though the language used is "soon before her death", no definite period has been enacted and the expression "soon before her death" has not been defined in both the enactments - Accordingly, the determination of the period which can come within the term "soon before her death" is to be determined by the courts, depending upon the facts and circumstances of each case - However, the said expression would normally imply that the interval should not be much between the cruelty or harassment concerned and the death in question - There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned - If the alleged incident of cruelty is remote in time and has become stale enough not to disturb the mental equilibrium of the woman concerned, it would be of no consequence.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry Death - Presumption -Held that a two-stage process is required to be followed in respect of an offence punishable under Section 304-B IPC: it is necessary to first ascertain whether the ingredients of the Section have been made out against the accused; if the ingredients are made out, then the accused is deemed to have caused the death of the woman but is entitled to rebut the statutory presumption of having caused a dowry death - From the evidence on record, it is found that'K' died an unnatural death by committing suicide as she was subjected to cruelty/harassment by her husband and in-laws in connection with the demand for dowry which started from the time of her marriage and continued till she committed suicide - Thus, the provisions of Sections 304B and 498A of the IPC will be fully attracted.
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry Death - Presumption -If all the other ingredients of Section 304B IPC are fulfilled, any death (homicidal or suicidal or accidental) whether caused by burns or by bodily injury or occurring otherwise than under normal circumstances shall, as per the legislative mandate, be called a "dowry death" and the woman's husband or his relative "shall be deemed to have caused her death".
Indian Penal Code,1860 - Section 304-B , The Indian Evidence Act, 1872 - Section 113-B
Dowry Death - Presumption -Key words under Section 113B of the Evidence Act are "shall presume" leaving no option with a court but to presume an accused brought before it of causing a dowry death guilty of the offence but the presumption is rebuttable - Section 113B of the Act enables an accused to prove his innocence and places a reverse onus of proof on him or her.
Topic(s)-Dowry Death - Presumption - Conviction upheld