SURENDRA SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) Section 304-B- No specific date with regard to marriage is indicated either in the "fard bayan" or in the statement recorded in the court. It was incumbent upon the prosecution to prove the date on which marriage was solemnized. In absence thereof, the question of applicability of Section 304-B of IPC becomes doubtful. In absence of any iota of material to establish the date of marriage, the statement of witnesses were disbelieved.

(2.) "Cruelty"- is a common essential to both the section and that has to be proved.

(3.) Section 498-A and Section 304-B - it is the "dowry death" that takes place within seven years of the marriage. No such time limit is mentioned in Section 498-A and the husband or his relatives would be liable for subjecting the woman to 'cruelty' any time after the marriage.