Offence u/s 304 b
anil kumar agarwal
(Querist) 29 July 2012
This query is : Resolved
a married women died in suspicious circumstances/suicides in her in -laws house . a case against husband, father in law, mother in law , sister in law were registered u/s 304 b IPC,police arrested husband and father in law u/s 304b and they r in j/c for last 70 days,now if police found after through investigation that there was no demand of dowry soon before death and lady suicides due to failure in exam and business/partnership disputes between brother of lady and husband and father in law .what are the option before police, can they put up challan under section 498a-306 ipc or it is mandatory tp prosecute u/s 304 b ipc on the basis of relatives statement.[113 evidence act presumtion]
Adv.R.P.Chugh
(Expert) 29 July 2012
In such a case the police is free to file a closure report. S.113B presumption of dowry death is attracted only in cases where it is proved that the woman died and soon before her death she was subjected to cruelty for or in conncetion with dowry - if that is not there - 113B is not attracted, and the Court draws the presumption at the time of evidence not hte police.
