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Dowry death – proved beyond all reasonable doubts – The statements of the PW-2 and PW-3 are specific as they were eye witnesses. In their statements they specifically stated about the harassment in connection with demand of dowry. Deceased died within seven months of marriage. She also telephonically complained about harassment. The Prosecution thus proved that there was harassment in connection with dowry soon before death of the victim.= DAVINDER SINGH … APPELLANT VERSUS STATE OF PUNJAB … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41726

Dowry death – proved beyond all reasonable doubts – The statements of the PW-2 and PW-3 are  specific  as  they  were  eye witnesses.  In  their  statements  they  specifically   stated   about   the

harassment in connection with demand of dowry.  Deceased died  within  seven months of marriage. She also  telephonically  complained  about  harassment. The Prosecution thus proved that there was  harassment  in  connection  with dowry soon before death of the victim.=

whether the accused has  committed

the dowry death of the woman.  (This  means  that  the  presumption  can  be

raised only if the accused is being tried for the offence under Section 304-

B IPC.)

(2) The woman was subjected to cruelty or harassment by her husband  or  his

relatives.

(3) Such cruelty or harassment was for or in connection with any demand  for

dowry.

(4) Such cruelty or harassment was soon before her death.”

12.   In the present case, from the statements of PW-2 and PW-3 it is  clear

that the death took place  within  seven  months  of  marriage.  Admittedly,

death of the deceased was due to burn i.e. not in normal circumstances.   We

have to see now whether the  remaining  ingredients  are  satisfied  looking

into the evidence on record.

13.   The statements of the PW-2 and PW-3 are  specific  as  they  were  eye

witnesses.  In  their  statements  they  specifically   stated   about   the

harassment in connection with demand of dowry.  Deceased died  within  seven

months of marriage. She also  telephonically  complained  about  harassment.

The Prosecution thus proved that there was  harassment  in  connection  with

dowry soon before death of the victim.

2 14. In view of the evidence on record, as discussed above,  we  hold  that

the prosecution was successful to prove the  ingredients  of  Section  304-B

IPC. The Trial Court rightly presumed that the accused had caused the  dowry

death of the victim.

3 15. We  find  no  merit  in  this  appeal  and  the  same  is  accordingly

dismissed. The appellant is directed to be taken into custody  forthwith  to

serve remainder period of sentence. His bail bonds stand cancelled.

2014 – July. Part – http://judis.nic.in/supremecourt/filename=41726 – for full text – LAW FOR ALL

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