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Head Note

Indian Penal Code,1860  - Section 304-B

Dowry Death - Appreciation of Evidence - Prosecution has not shown/presented and or proved even by preponderance of probabilities that the deceased had been treated with cruelty emanating from or founded on dowry demands - It is in the realm of a possibility that the ingestion of aluminium phosphate may have been accidental - In his examination under Section 313 Cr.P.C. the accused has proffered details of his defence - This is not a case where he has merely denied all the questions put by the Court to him - Because of the insufficiency or the unsatisfactory nature of the facts or circumstances shown by the prosecution, the burden of proving his innocence has not shifted to the Appellant, in the present case - Appeal allowed and the impugned Judgment convicting and punishing the Appellant liable to be set aside.

Topic(s)-Dowry Death - Appreciation of Evidence - Acquittal