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Supreme Court Of India

(From : 1999 (1) Rec Cri. R. 624 (Punj and Har))

Hon'ble Judge(s): Satya Brata Sinha, P. P. Naolekar , JJ

(A) Penal Code (45 of 1860) , S.304B, S.306— Dowry death - Proof - Deceased-wife died of poisoning within seven years of marriage - No evidence showing that deceased was subjected to cruelty or harassment by appellant husband or any of his relative for or in connection with any demand of dowry - Presumption arising either under S.304B or S.113B of Evidence Act could not be invoked against Appellant - Further in absence of evidence showing that deceased was subjected to cruelty within meaning of S.498A - Appellant accused cannot be convicted under S.306 merely because he was not found guilty of offence under S.304B. Evidence Act (1 of 1872) , S.113B— 1999 (1) Rec Cri R 624 (P. and H.), Reversed. (Para 16 22 27 32) (B) Penal Code (45 of 1860) , S.304B, S.306— Dowry death and abetment of suicide - Framing of charge - Death of deceased-wife due to poisoning within seven years of marriage - Accused husband not found guilty of offence under S.304B - Omission to frame charges under S.306 in terms of S.215 of Cr.P.C. may or may not result in failure of justice, or prejudice accused - Plea that accused could still be convicted under S.306 - Cannot be raised for first time before Court unless materials on record are such w....