AIR 2019 SUPREME COURT 4225

Supreme Court Of India

: AIROnline 2019 SC 802 (From: Punjab and Haryana)*

Hon'ble Judge(s): L. Nageswara Rao, Hemant Gupta , JJ

Penal Code (45 of 1860) , S.304B— Evidence Act (1 of 1872) , S.3, S.113B— @page-SC4226Dowry death - Presumption as to - Death of wife within three years of marriage - No inference of demand of dowry by accused-husband in letters written by deceased to her father and brother - Writing of said letters soon before death, not proved - None of Panchayat members examined by prosecution to prove memorandum allegedly executed before Panchayat by husband and in-laws for settlement regarding dowry demand - Mere statements of father and brother of deceased not sufficient to prove cruelty and demand of dowry by accused - Failure of prosecution to prove initial presumption under S.113-B of Evidence Act - Accused entitled to benefit of doubt.Cri. Appeal No. 128-SB of 1996, D/- 21-1-2009 (PandH), Reversed.AIR 2001 SC 2828, AIR 2003 SC 2865, AIR 2004 SC 2570, Rel. on. (Para 14 15 16) .....