RAKESH ARORA Vs. STATE OF U P

JUDGEMENT

(1.) POONAM Srivastava, J. Heard Sri Satish Trivedi, Senior Advocate assisted by Sri D. S. Bohra learned Counsel for the applicant, Sri D. N. Wali, learned Counsel appearing for the first informant and learned AGA for the State.

(2.) COUNTER-affidavit and supplementary counter-affidavits filed on behalf of the first informant and rejoinder affidavit filed on behalf of the applicant are taken on record.

(3.) AFTER hearing Counsel for the respective parties at length and going through the affidavits filed on behalf of the applicant and complainant, it is apparent that the wife met an unnatural death within the period of seven years of marriage. Demand of dowry is also clear from the F. I. R. Argument is that presumption as provided in Section 113-B of Evidence Act will not be attracted for the reason that unless and until demand of dowry is established, it will be a case of Section 113-A only. This can be decided only after evidence is recorded during the trial.