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Supreme Court Of India

(From : 2001 (2) Gauhati LR 631)

Hon'ble Judge(s): S. N. Variava, B. N. Agrawal , JJ

(A) Penal Code (45 of 1860) , S.304B— Dowry death - Evidence for demand of dowry - Merely because statement for ill-treatment or beating or demand is not made by father of deceased immediately - And he had informed in writing that he does not have any suspicion - Is no ground to disbelieve evidence of demand for dowry - Shock suffered by parent having seen his daughter @page-SC2109in unnatural manner can prevent him from immediately outpouring reasons. (Para 9) (B) Evidence Act (1 of 1872) , S.113B— Penal Code (45 of 1860) , S.304B, S.302— Presumption as to dowry death - Death taken place within seven years of marriage - Sufficient evidence to prove demand of dowry - Merely because accused has been acquitted under S. 302, IPC - Presumption as to dowry death does not stand automatically rebutted. (Para 13 15) (C) Constitution of India , Art.136— Appeal under - Re-appreciation of evidence - Both Courts below rightly relied upon evidence of witnesses for coming to conclusion that there is demand of dowry - Court cannot arrive at different conclusion by re-appreciating or re-apprising evidence - Particularly when it is not shown that Courts below ha....