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Head Note

Indian Penal Code,1860  - Section 304-B , The Indian Evidence Act, 1872  - Section 113-B , The Code of Criminal Procedure, 1973  - Section 293

Dowry Death - Circumstantial Evidence - Evidence of last seen - Presumption - Evidence adduced by the prosecution dominantly is circumstantial in nature with no direct proof of the perpetration of the alleged offence by the appellant - It would be wholly unjustified to uphold the conviction of the appellant for the offences charged on the basis of the evidence, oral and documentary adduced by the prosecution - Shoddy, casual, laconical and insensitive investigation conducted by the police - Diary of decease, though seized, had not been produced at the trial - Evidence of witness, who had opined that the dead body was not that of deceased was withheld - Witnesses who supposedly had drawn the blood samples of parents of deceasedhave not been examine - Technician, FSL, Patna who, as claimed by the prosecution, had conducted the DNA test, was not produced - DNA test was not carried out in a government laboratory and instead was done at a private laboratory in violation of the norms - Dr.PW10, who was examined in connection with the DNA test, admittedly had no expertise in the line and his evidence is, thus, for all intents and purposes of no utility - No searching effort was made by the Investigating Officer to ascertain when and how and by whom poison was administered as found in the viscera of the dead body - Investigation is also wanting in the matter of identification of the dead body and the prosecution relied on inferences, conjectures and surmises to connect the appellant with the crime - The investigation in the case, therefore, has left gaping cracks in it incapable of being sealed or mended- Appeal liable to be acquitted of the charge.

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

Dowry Death - Presumption - Held that a presumption under Section 113-B of the Evidence Act is attracted only in case of suicidal or homicidal death and not in the case of an accidental death - Harassment and cruelty by the husband has to have a perceptible connection with the dowry demand for his prosecution and punishment under Section 304B IPC.

Topic(s)-Dowry Death - Circumstantial Evidence - Acquittal