CHARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Additional Government Advocate and perused the record of the case.

(2.) THIS government appeal has been filed against the judgment and order dated 14.12.2011, passed by Additional District and Sessions Judge, Court No. 7, Etawah, in S.T. No. 137 of 2004 arising out of Case Crime No. 37 of 2004, acquitting the accused respondent u/s. 498A, 304B IPC and 3/4 Dowry Prohibition Act.

(3.) LEARNED counsel for the complainant argued that as per the inquest, some other contusions appear to be present. Much credence cannot be given to this examination by laypersons when there were no such injury marks in the postmortem report He has further argued that the burden u/s. 113B of the Indian Evidence Act lay on the accused persons because evidence has been led that dowry was demanded soon before the death of the deceased by the accused persons for fulfillment of the additional dowry demand. Several reasons have been given by the trial Judge for concluding that the allegation of additional dowry demand was false, hence no presumption could be raised u/s. 113B of Indian Evidence Act against the accused persons.