Basisth Narayan Yadav Vs. Kailash Rai and Ors.
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Head Note
Indian Penal Code,1860 - Section 498-A , Section 304-B , The Indian Evidence Act, 1872 - Section 113-B , Section 106
Dowry Death - Presumption - Acquittal Set Aside - Death has occurred within 7 years of the marriage due to burn injuries and there were demands of dowry accompanied with the physical and mental cruelty against the deceased prior to her death - Post-mortem report has revealed the physical assault on her just before her death - Burden of proof must shift on the accused persons to explain the death of the deceased - Defence has made a cursory statement that the deceased caught fire from stove while cooking foo - No explanation as to why the deceased was not taken to hospital or why was the dead body left unattended to in the morning - Entire conduct of the accused persons is very suspicious and non-explanation of same means they have not discharged their burden of proof -Accused persons i.e. 'R' husband of the deceased and his father 'Y', who were ordinarily residents in the house where the deceased died of burn injuries, neither of the two accused persons has offered any reasonable explanation as to how did the deceased suffer the ante mortem injuries and died due to burn injuries hence guilty for commission of crime - Judgment and order of the Trial Court, so far as it convicted and sentenced 'R' and 'Y' restored.
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