2015 Supreme(Raj) 1518
RAJASTHAN HIGH COURT
Gopal Krishan Vyas, Anupinder Singh Grewal, JJ.
State of Rajasthan - Appellant
Versus
Prahlad Ram - Respondent
D.B. Criminal Leave to Appeal No.245 of 2014.
Decided On : 16-04-2015
For the Petitioner: C.S. Ojha, Public Prosecutor.
Headnote:Indian Penal Code, 1860 – 0 Sections 498A, 304B and 302, Indian Evidence Act, 1872 Section 113B – Dowry death –Appeal on Acquittal of respondent – The near relative of the deceased including mother, father and brother did not make any allegation regarding the cruelty related to dowry. and the father who was PW1 retracted from his statement and stated that the deceased was hally in her matrimonial home. So the leave to appeal was rightly dismissed as basic ingredients of the case were not made out u/s 113 B of the Act.
"304B, IPC: Dowry death.- (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death.
Explanation.-For the purpose of this sub-section, "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life."
"113-A. Presumption as to abetment of suicide by a married woman- When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.
Explanation.-For the purposes of this section, "cruelty" shall have the same meaning as in section 498-A of the Indian Penal Code (45 of 1860).
113-B. Presumption as to dowry de