An FIR (Crime Case) No.30 of 1993 was registered on the complaint of Chander Singh (PW-1) son of Muneshwar Singh stating therein that marriage of his sister Janki Devi (deceased) was solemnised with Kamlesh Singh about four years ago. After trial, Kamlesh Singh, the husband, Vishwaraj Singh and the present appellant, brothers-in-law of the deceased, were held guilty of charges under Sections 304B and 498A of the Indian Penal Code, 1860 (for short “the IPC”), and Section 4 of the Dowry Prohibition Act, 1961. However, that presumption will not be available in the case in hand for the reason that there is no evidence of cruelty or harassment in connection with demand of dowry soon before the death of the sister of the complainant.
On the other hand, the learned counsel for the State submitted that it is a case of dowry death just four years after the marriage. Chander Singh (PW-1) had stated that even a day before the occurrence when his brother Shivraj Singh (PW-2) had gone to see the parikrama mela, Devgawan, where he met the accused Vishwaraj Singh, the other brother-in-law of the deceased, who reiterated the demand of dowry. However, nothing specific has been stated by Chander Singh (PW-1)-the complainant to bring home the guilt of the appellant-Munshi for raising presumption as contained in Section 304B IPC read with Section 113B of the Evidence Act. …………………J.
Case Title: MUNSHI Vs. THE STATE OF UTTAR PRADESH (2023 INSC 281)
Case Number: Crl.A. No.-000911-000911 / 2023
