Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860 : S. 304-B-Dowry death-Ingredients-Explained Penal Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 : S. 304-B-Dowry death-Ingredients-Explained-On facts, evidence on record established demand of dowry and ill-treatment of deceased shortly before date of occurrence-There is no evidence that death was due to normal reasons-Commission of offence by accused established-Conviction and sentence awarded by trial court as modified by High Court suffer from no infirmity to warrant interference. Evidence Act, 1872 : s.113-B-Presumption as to dowry death-Essentials to be proved-Explained. Words and phrases : Expression "soon before her death" as occurring in s. 304-B IPC and s. 113B, Evidence Act-Connotation of Appellant was prosecuted under s. 304-B IPC for dowry death of his wife, the sister of the informant. The prosecution case was that the deceased complained ill-treatment and torture at the hands of the appellant and his family members for non-fulfilling their demand of dowry. The trial court convicted the appellant of the offence and sentenced him to 10 years rigorous imprisonment. On appeal by the accused, the High Court confirmed the conviction but reduced the sentenced to 7 years RI. In the appeal filed by the accused before the Supreme Court it was contended for the appellant that there was no live link between the. dowry demand and the death of the deceased and that the doctor categorically stated that cause of death was not ascertainable, and as such, the courts below erred in recording conviction of the appellant. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 57 |
Petitioner | Kamesh Panjiyar @ Kamlesh Panjiyar |
Respondent | State Of Bihar |
SCR | [2005] 1 S.C.R. 903 |
Judgement Date | 2005-02-01 |
Case Number | 205 |
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