Sec 498a 304b 34 of ipc

Deepak (Querist) 30 August 2016 This query is : Resolved
Hello All Experts..

Just wanted to ask that in a case the M.O. has given the opinion about cause of death as

"The Cause of Death Cannot be ascertained"

whether in above opinion sec 304b arises..?

and what grounds should be needed to prove section 498a..?

mere oral evidences of interested witnesses are enough to prove the sec 498a..

(they have not produced any single documentary evidence before the court in relation to demand of dowry, cruelty or harassment, even neither they have mentioned any date of demand in FIR nor in deposition in the court..)

And Most IMP: there is not a single independent witness examined by prosecution..

in all above said facts n cirucmstances of the trial...Experts..what do you think..what will be the verdict of the court..??

Awaiting your Expert Replies..

Thank You..!!!

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Raj Kumar Makkad (Expert) 30 August 2016
None can anticipate about the outcome of the case without having documents with us.

There is no requirement that independent witness should come and depose in such matters. There is no requirement of the documentary evidence in support of the allegations of demand of dowry and cruelty. It depends whether documentary evidence is required in a particular situation or not. Even if doctor could not give his opinion qua the cause of death then also if supported by all other circumstances/evidence the charge can sustain.

Rajendra K Goyal (Expert) 31 August 2016
Full case file need to be referred, discuss with your lawyer who is aware of full case file.

Dr J C Vashista (Expert) 02 September 2016
I agree with experts, documentary evidence in the case u/s 304B IPC is not compulsory. Circumstantial evidence, if proved are more than sufficient to prove the case.

Sudhir Kumar, Advocate (Expert) 04 September 2016
304B?

All that is required is to be prove that-

1. There was a marriage (may be legal or not)

2. There was death of wife.

3. Death was within 7 years.

4. Death was unnatural.