1993 CRI. L. J. 3723 ::(1994) 1 HinduLR 4 ::(1995) 20 MarriLJ 321 ::(1993) Jab LJ 695

Madhya Pradesh High Court

Hon'ble Judge(s): A. G. Qureshi , J

(A) Penal Code (45 of 1860) , S.304B— Dowry death - Ingredients - Failure of prosecution to produce cogent and reliable evidence vis-a-vis demand of dowry, cruelty, harassment - Death within 7 years of marriage not proved beyond reasonable doubt - Presumption of dowry death not available - Conviction liable to be set aside. Evidence Act (1 of 1872) , S.113B— When the prosecution wants to bring the case within the purview of S. 304-B, I.P.C. and S. 113-B of the Evidence Act, it must prove to the hilt that death was caused within 7 years of marriage and that soon before death, victim was subjected to cruelty or harassment, "in connection with demand for dowry" In the instant case, accused husband and in-laws of deceased, filed an appeal against their conviction for dowry death. The prosecution failed to produce independent witness except one, for proving cruel treatment to her. Prosecution could not prove demand of dowry by in-laws, letters to parents alleging ill-treatment to her and their recovery by police, Post mortem report did not show any injuries on body of deceased, further their conduct in shifting deceased to the hospital soon after she took poisonous drug, was contrary to their alleged guilty mind. Thus as no cogent or reliable evidence was adduced by the prosecution in support of its case for demand for....