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Shashaank Mishra (Advocate)     26 May 2012

Dowry death

Learned Friends,

Kindly provide some case laws citing that a death will be termed as dowry death only when it occurs in matrimonial house (sasural) because I am dealing with a case where girl committed suicide at her maternal home (maika) but the police booked the case u/s 304 B.

Ypur help will be highly appreciated.

 

Shashaank Mishra



Learning

 4 Replies

Deep Narayan (learning)     26 May 2012

Dear Shashaank,

1st of all be clear and explain the whole fact.

did any dowry demanded by boy's side?

when did the grl went to her mother's house?

and how many years of marriage it was?

now comes the answers

there is provision written in 304b act that death in her mother's cannot be treated as dowry death.

but u r on the safe grounds that the death took place on her mother's house.

bt arrest will be made as 304b is Cognizable offence.

now better try to prove that no dowry demand has been made by the boy's side,and it is not a dowry death.

also consult a good lawyer as soon as possible.

lastly fight case on merits.

if u r right u will get the justice.

satyameva jayate

Deep Narayan (learning)     26 May 2012

 

plz read the second post as first contain a silly error

 

Dear Shashaank,

1st of all be clear and explain the whole fact.

did any dowry demanded by boy's side?

when did the grl went to her mother's house?

and how many years of marriage it was?

now comes the answers

there is no provision written in 304b act that death in her mother's cannot be treated as dowry death.

but u r on the safe grounds that the death took place on her mother's house.

bt arrest will be made as 304b is Cognizable offence.

now better try to prove that no dowry demand has been made by the boy's side,and it is not a dowry death.

also consult a good lawyer as soon as possible.

lastly fight case on merits.

if u r right u will get the justice.

satyameva jayate

Adv. Chandrasekhar (Advocate)     27 May 2012

S. 304-B does not say that the death of wife in her mother's home takes away the offence from the purview of S.304-B.  So, searching for such citation is mere waste of time.  The vital factor that prosecution has to prove is (1) the death is not natural death. (2) It has occured within 7 years from the date of marriage. (3) There is a dowry demand from the husband and his relatives immediately preceding to the occurence of death.  "immediately preceding" means there shall be reasonable nexus between the time of demand and time of death.

Deep Narayan (learning)     27 May 2012

Yes chandu ji is absolutly right.


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