caused the
dowry death. A conjoint reading of Section 113B of the Evidence Act and
Section 304B IPC shows that there must be material ... presumption raised under Section 113B
of the Evidence Act. Concurrent findings of the courts below convicting
the appellants under Section 304B IPC is based upon
striking down of Section 8A of the Dowry Act,
Section 113B of the Evidence Act, and possibly Section 304B of the IPC, but
neither decision ... postulation of Section 101 of the Evidence Act. The purpose of Section
113B of the Evidence Act and Section 304B
tackled by
the introduction of a new provision in 1986 - Section 304B in the
Penal Code together with another new provision Section 113B ... older brother and his wife but convicted the appellant under Section
304B and sentenced him to undergo rigorous imprisonment for seven
years, which
Explanation.—For the purposes of this section, ‘dowry death’ shall have the
same meaning as in Section 304B of the Indian Penal Code ... presumption under Section 113B of the Act is mandatory may be contrasted
with Section 113A of the Act which was introduced contemporaneously.
Section 113A
attendant facts and circumstances,
stands arraigned and convicted under Sections 304B , 201 , 498A of the Indian
Penal Code (for short, hereinafter to be referred ... make the accused persons stand trial. The complaint was made
under Sections 304B / 201 / 120B / 498A IPC and Sections 3 and 4 of the Dowry
connection with dowry demand,
Section 113B of the Evidence Act also comes into play. Both these Sections
304B IPC and Section 113B of the Evidence ... purposes of this Section, 'dowry death' shall have
the same meaning as in Section 304B , of the Indian Penal Code
justification to incorporate the provision of Section 113B of the
Evidence Act read with Section 304B IPC raising the presumption
with regard to dowry death ... Section
498A IPC. In other words, it is necessary to establish the offence
of Section 498A IPC to prove the charges under Section 304B
appellant for an offence under Section 302 I.P.C. To an offence under Section 304B I.P.C. and reduce the sentence ... conviction under Section 302 I.P.C. is liable to be converted into under Section 498A and 304B I.P.C. And ¾ Dowry Prohibition
purposes of this section, "dowry death"
shall have the same meaning as in section 304B of the Indian
Penal Code ... presumption under Section 113B
Evidence Act can be raised only when the prosecution succeeds in
establishing the essential ingredient of Section 304B IPC. Since
acquittal from
the charge of having committed the offences under Section 498A
and Section 304B of the Indian Penal Code (hereinafter referred ... words ‘soon before’ appearing in Section 113B of
the Indian Evidence Act, 1872 and Section 304B of the IPC, it is
no longer res integra
