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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2015-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2014-SC-MAT-Nov-5

Baljinder Kaur Vs. State of Punjab

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

Dowry death - Cruelty - Reduction in sentence - Plea that an isolated instance of demand of dowry about four months prior to death cannot be said to constitute proximate live link to the death to sustain the conviction of the appellant under Section 304B IPC upheld - Held that in cases related to dowry death, the circumstances showing the cruelty or harassment are not restricted to a particular instance, but normally refer to a course of conduct - Such conduct of cruelty or dowry harassment must be "soon before death - There should be a perceptible nexus between her death and the dowry related harassment or cruelty inflicted on her - The alleged demand of gold karra about two months after the marriage cannot be said to constitute a proximate live link with the death of deceased and the conviction of the appellant under Section 304B IPC cannot be sustained - Evidence on record makes out an offence under Section 498A IPC -The occurrence was of the year 1997 - The appellant is having three grown up children - The appellant has already undergone sentence for a period of about fifteen months -The conviction under Section 498A sustained and she is sentenced to undergo imprisonment already undergone.

Topic(s)-Acquittal in Dowry death - Conviction in Cruelty

Important Decision(s)- The alleged demand of gold karra about two months after the marriage cannot be said to constitute a proximate live link with the death of deceased and the conviction of the appellant under Section 304B IPC cannot be sustained.







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