Indian Penal Code, 1860
Sections 302 & 498A and Section 4 of the Dowry Prohibition Act—Murder and cruelty—Conviction based on dying declaration—Appeal—FIR has been logged after four months of incident—Doctor has not opined that whether the deceased was suicidal, homicidal or accidental—Long gap between the incident and dying declaration—Dying declaration was suspicious—No earlier police report before the incident regarding demand of dowry or ill-treatment of deceased—Failure of trial court to evaluate the oral and documentary evidence correctly—Conviction set aside.
[Paras 22 to 27]