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Head Note

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

Dowry death - Presumption - (a) the death of woman has been caused by burns or bodily injury or has occurred otherwise than under normal circumstances. (b) The said death has occurred within seven years of her marriage (c) The woman was subjected to cruelty or harassment by her husband or his relatives. (d) Such cruelty or harassment was for, or in connection with, any demand for dowry and (e) She was meted out with such cruelty or harassment soon before her death.

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

Dowry death - Presumption - Appreciation of evidence - The death is not under normal circumstances - Statements of the complainant (PW-7) and (PW-13) are specific about the harassment of the deceased - The accused in connection with the demand of dowry - It is also evident from the evidence on record that she was meted out with such harassment soon before her death - Held that the prosecution was successful in proving the ingredients of Section 304-B IPC - The Trial Court rightly presumed that the accused has caused the dowry death of the victim and the High Court rightly upheld the conviction and sentence.

Indian Penal Code,1860  - Section 304-B

Dowry death - Relation witness - Testimony of - Appreciation of evidence - In normal circumstances, in the Indian Society demand for dowry or harassment for the same takes place within four corners of the house - Even the parents or relatives of the girl will not be aware of these, unless they are informed either by the girl herself or demand is made directly to them - The Police Officials or others cannot depose anything about the harassment in connection with demand of dowry in the absence of any complaint or statement made by witness u/s 161 Cr.P.C. - Seldom, the villagers-neighbours may come to know of the same - In this background, statement of family members of the deceased-lady cannot be discarded on the ground that they are relatives and are interested witnesses, till a contradiction is shown in their deposition or cross-examination.

Topic(s)-Dowry Death - Conviction upheld