Indian Penal Code,1860  - Section 304-B , Section 498-A

Acquittal in Dowry Death Case - Deceased married woman died within 3 years of marriage at her matrimonial home - It was stated in dying declaration deceased was being subjected to harassment on account of demand of dowry - And on day of occurrence her mother-in-law poured Kerosene Oil on he rand sister-in-law set her alight - Accused acquitted - Held - Both the dying declarations made were not relied upon on the ground that the doctor who endorsed of deceased fitness was not cited as prosecution witness - Prosecution witness stated in his examination-in-chief that deceased was being harassed on account of dowry - However in his statement under Section 161 no such demand had been referred - Improvements made by prosecution witness in his evidence casts doubt with regard to veracity of his evidence - Further held - Presumption under Section 113-B Indian Evidence Act in case of dowry death only arises if all the ingredients of the offence under 304-B are satisfied - In present case no doubt death was within 7 years of marriage, death was unnatural - However, third ingredient that any demand for dowry had been made soon before the death not proved - Thus, no presumption raised under 113-B Indian Evidence Act.

Topic(s)-

Important Decision(s)- 

• Sections 304-B and 498-A IPC - Acquittal - Section 113-B Indian Evidence Act in case of dowry death only arises if all the ingredients of the offence under 304-B are satisfied.
• Accused acquitted - Dying declarations made were not relied upon on the ground that the doctor who endorsed of deceased fitness was not cited as prosecution witness.