Supreme Court · 2004 INSC 179 · Decided 17 March 2004
State of Andhra Pradesh v. Raj Gopal Asawa and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 179 · [2004] 3 S.C.R. 32
- Case number
- CRIMINAL APPEAL No. 384/1998
- Decided
- 17 March 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 113; Evidence Act
Headnote
Penal Code, 1860: Dowry death-Agreement for dowry-Relevancy of-Held: "Demand of C dowry" itself punishable under S. 340-B-lt is not necessary to show that "agreement for dowry" existed-It has to be inferred from the facts and circumstances of each case-It is not always for dowry. D Dowry death-Presumption of-Essential ingredients-Proximity test­ Held: The expression "soon before" is ve1y relevant whenever S. 304-B /PC and S. 113-A of the Evidence Act are pressed into service-It must be shown that soon before her death the victim was subjected to
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