Supreme Court · 2016 INSC 1040 · Decided 18 November 2016
Baijnath & Others v. State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1040 · [2016] 11 S.C.R. 764
- Case number
- CRIMINAL APPEAL No. 1097/2016
- Decided
- 18 November 2016
- Bench
- DIPAK MISRA, AMITAVA ROY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 304B, 498A; CrPC Section 313; Evidence Act
Headnote
Penal Code, 1860: ss. 304-B, 498-A and ss. 302, 201 and 34 - Dowry death - Statutory presumption of, u/s.113-B, Evidence Act, 1872 - When cannot be invoked - Deceased died in matrimonial home by hanging from the fan -Appellant-in laws acquitted by trial court-Acquittal reversed by High Court u/s. J J 3B - Held: The presumption as to dowry death gets activated D only upon the proof of the fact that the deceased lady was subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death -If the
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