KARAMDEO PRASAD CHAURASIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the appellants and learned counsel for the State.

(2.) THE appellants have been convicted for offence under Section 304 B of Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and further convicted for offence under Section 201 of Indian Penal Code and sentenced to undergo rigorous imprisonment for two years.

(3.) LEARNED counsel for the appellants, however contends that ingredients under Section 304 B has not been established that victim was subject to cruelty for non-fulfillment of demand of dowry has also not been established by clear cogent and reliable reliance. Appellants are brother-in-law and mother-in-law. It is asserted that when ingredient of Section 304 B I.P.C. has not been established, the question for presumption under Section 113 B of Evidence Act does not arise. Moreover, the death as stated to be by diarrhoea.