Shindo Alias Sawinder Kaur and another Vs. State of Punjab
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Indian Penal Code,1860 - Section 304-B , Section 498-A
Dowry death - Conviction and sentence for commission of the offence under - As per the two dying declarations of the deceased, her mother-in-law poured kerosene oil on her and sister-in-law set her alight causing severe burn injuries - Trial Judge rejected the evidence with regard to the demand of dowry of PW.2 Ajit Singh, as in his statement under Sec.161 Cr.P.C. - Not referred to any such demands having been made by the accused, thus, acquitted both the accused - High Court reversed the judgment of the trial Court and convicted the accused accordingly - Appeal - Both the lower Courts found that the two dying declarations were not trustworthy or capable of reliance - Any demand for dowry had been made soon before the death has not been proved - Presumption under Section 113-B of the evidence cannot be raised - Impugned judgment/order of the High Court set aside - Appeal allowed.
Advocates For the Respondent(s) :
Kuldip Singh, Advocate
Topic(s)-Dowry death
Important Decision(s)- Dowry death - Two dying declarations - Dying declarations not trustworthy - Section 113-B cannot be raised - Acquittal.