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Head Note

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

Appeal against acquittal - Dowry death - Order passed by the High Court dismissing the leave to appeal - It appears improbable that a person as a result of falling of a lamp on the mattress could be reduced to the status of 100 per cent burns - Even if he was asleep, the normal reaction of such person and the other inmates of the house would be to douse the fire - Matter had to be considered whether the death occurred in suspicious circumstances or not - Since leave to appeal having been dismissed without even issuing notice to the other side, screening of the material and consideration of rival submissions at the appellate stage stood completely denied - Order passed by the High Court liable to be set aside and the matter remitted to the High Court, which may be considered afresh.

Topic(s)-Dowry Death - Non consideration of material - Remand back

Important Decision(s)- Leave to appeal having been dismissed without even issuing notice to the other side, screening of the material and consideration of rival submissions at the appellate stage stood completely denied.