after reproducing the provisions
of Section 306 of the IPC and Section 113A of
the Indian Evidence Act, 1872 observed thus:
"12. This provision ... raised, the
foundation thereof must exist. A bare reading
of Section 113A shows that to attract
applicability of Section 113A, it must be shown
that
date of the marriage and in view of the presumption under Section 113A of the Indian Evidence Act.
6(a). The learned counsel ... taken place within 7 years prior to her death then Section 113A of the Evidence Act provides for a presumption as hereunder :
"113A. Presumption
State By Sanjayanagar P S vs Deepak Kumar on 11 April, 2016
Bench: S.Abdul
evidence of PW6
would fortify the fact that death was unnatural. Sections
113A and 113B of the Indian Evidence Act would provide
for presuming that ... discussed, Explanation
(a) of section 498A is applicable here. In addition, section
113A of the Evidence Act can also be invoked. This section
helps
attracting the presumption accrued in
favour of prosecution as per Section 113A and 113B of the
12
Indian Evidence Act , the prosecution has not proved ... this fact is not
disputed. Therefore, presumption arise as per
Section 113A of the Indian Evidence Act and in the above
cited judgment
Court, rightly
appreciating the evidence on record, has raised
presumption under Section 113A of the Evidence Act,
1872 and held that accused ... that ground that the
trial Court has raised presumption under Section 113A
of the Evidence Act. In the instant case, there is no
direct evidence
Court, rightly
appreciating the evidence on record, has raised
presumption under Section 113A of the Evidence Act,
1872 and held that accused ... that ground that the
trial Court has raised presumption under Section 113A
of the Evidence Act. In the instant case, there is no
direct evidence
date of the marriage and in view of the presumption under Section 113A of the Indian Evidence Act.
6(a). The learned counsel ... taken place within 7 years prior to her death then Section 113A of the Evidence Act provides for a presumption as hereunder:
113 A. Presumption
suicide occurred within seven (7)
years of marriage, presumption under
Section 113A of the Evidence Act operated
warranting conviction under Sections
498A ... Whether the Trial Court was justified in
invoking Section 113A of the Evidence Act
to draw a presumption? and
iv. Whether the appellant
place in the matrimonial house by resorting to the
provisions of Section 113A and 113B of the Indian Evidence
Act and thus sought for dismissal ... Court to cull out the provisions of the Indian Evidence
Act namely 113A and 113B and 106.
498A. Counterfeiting currency-notes or
bank-notes. - Whoever