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Gurwinder Singh vs State Of Punjab on 10 September, 2013 cites

Appasaheb And Anr vs State Of Maharashtra on 5 January, 2007

23. Moreover, the epitome of evidence on record would reveal that the appellant demanded the scooter and Rs.50,000/- and the complainant paid Rs.15,000/-, but still, he demanded more money including the scooter. Assuming for the sake of argument that if the demand in question was made by the appellant, even then, to me, it will not attract the penal provisions of section 304-B IPC. Indisputably, there is not an iota of evidence on record, muchless cogent, even to suggest remotely that the deceased was subjected to any legally required cruelty or harassment soon before her death by the appellant in connection with and on account of demand of dowry. That means, there should be a perceptible nexus between her death and the dowry related harassment or cruelty soon before her death. Preceding on these premises, the presumption arising under section 113-B of the Indian Evidence Act, 1872 (hereinafter to be referred as "the Act") could not legally be invoked against the appellant in the absence of specific evidence of Arvind Kumar Sharma 2013.09.17 11:27 I attest to the accuracy and integrity of this document Chandigarh CRA No.714-SB of 2003 14 harassment and cruelty for demand of dowry soon before her death and in the absence of indicated essential ingredients of section 304-B IPC, which are totally lacking in the instant case. The Hon'ble Apex Court has examined the similar matter in detail in case Appasaheb and another v. State of Maharashtra 2007(1) RCR (Criminal) 747, wherein, it was held as under (para 9) :-
Supreme Court of India Cites 13 - Cited by 568 - G P Mathur - Full Document

Union Of India And Others vs Garware Nylons Ltd. Etc on 9 September, 1996

In view of the aforesaid definition of the word "dowry" any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties. Therefore, the giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential. Being a penal provision it has to be strictly construed. Dowry is a fairly well known social custom or practice in India. It is well settled principle of interpretation of Statutes that if the Act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or understands to have a Arvind Kumar Sharma 2013.09.17 11:27 I attest to the accuracy and integrity of this document Chandigarh CRA No.714-SB of 2003 15 particular meaning in it, then the words are to be construed as having that particular meaning. (See Union of India v. Garware Nylons Ltd., AIR 1996 S.C. 3509 and Chemicals and Fibres of India v. Union of India, AIR 1997 S.C. 558). A demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood. The evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in Section 2 of the Dowry Prohibition Act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. Since an essential ingredient of Section 304-B IPC viz. demand for dowry is not established, the conviction of the appellants cannot be sustained."
Supreme Court of India Cites 4 - Cited by 412 - Full Document
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