Indian Penal Code, 1860
Sections 304B & 498A—Dowry death—Presumption under Section 113B of Evidence Act—Cruelty or harassment has to be soon before the death—None of witnesses stated about cruelty or harassment to the deceased by appellant or any of his family members on account of demand of dowry soon before the death or otherwise—Rather harassment has not been narrated by anyone—It is only certain oral averments regarding demand of motorcycle and land which is also much prior to the incident—Pre-requisites to raise presumption under Section 304B IPC and Section 113B of the Evidence Act having not been fulfilled, the conviction of appellant cannot be justified—Mere death of deceased being unnatural in the matrimonial home within seven years of marriage will not be sufficient to convict the accused under Section 304B and 498A IPC—Cause of death as such is not known—Conviction and sentence of appellant for alleged offences cannot be legally sustained—Appeal allowed.
[Paras 21 to 23]
Decision : Appeal allowed