Add to favourtiesIndian Penal Code, 1860 (45 of 1860), Section 304-B – Evidence Act, 1872 (1 of 1872), Section 113-B – Dowry death – presumption of – Section 304-B, IPC stand satisfied, the presumption under 113-B, Evidence Act operates – Deceased and accused were married on 01.07.1994, and the death of the lady occurred on 31.07.1995 – Doctor found the smell of kerosene oil on the body of the deceased who had suffered 85% burn injuries – As the death was relatable to burn injuries within seven years of marriage, it clearly satisfies the first two ingredients of the offence – Dowry demand proved – Chain of circumstances proves that there existed a live and proximate link between the instances of demand of dowry and the death of the deceased – it is clear that the prosecution was able to successfully prove that the death of the deceased due to burn injuries took place within approximately one year of her marriage – It has further been proved that soon before her death she was subjected to harassment and cruelty pursuant to demands of dowry – Since the ingredients of Section 304-B, IPC stand satisfied, the presumption under 113-B, Evidence Act operates against the appellants, who are deemed to have caused the offence specified under Section 304-B of IPC.
