Attar Singh

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“On that day of the alleged occurrence Krishna deceased was preparing tea and incidentally caught fire. I extinguished the fire, as a result of which I received burn injuries and immediately brought her to General Hospital, Sonepat, and on the advice of the M.O. I was taking her for better treatment to Delhi but unfortunately she died.” The evidence of PW-7 and the endorsement marked ‘A’ in Ext. DD are evidence produced by the prosecution before the Court and such evidence produced by the prosecution before the Court supports the explanation of the appellant no.1 in his statement under section 313, Cr.P.C., that the deceased caught fire while she was preparing tea on the stove. The presumption in Section 304B of the IPC and Section 113B of the Indian Evidence Act, 1872 that they had caused dowry death of the deceased, thus, stood rebutted by the evidence in this case – In the result, we allow this appeal in part, set aside the conviction and sentences for the offence under Section 304B, IPC, and sustain the conviction and sentences under Section 498A, IPC. The appellant no.2 is already on bail. If appellant nos.1 and 3 have already undergone the sentence under Section 498A, IPC, they shall be released forthwith.

Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 636 of 2009 Devinder @ Kala Ram & Ors. …… Appellants Versus The State of Haryana ….. Respondent J U D G M E N T A. K. PATNAIK, J. This is an appeal by way of special leave under Article 136 … Continue reading

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