Supreme Court of India

Satya Narayana Tiwari and Anr. v. State of U.P.

Neutral citation
Reported as [2010] 12 S.C.R. 1137
Bench Markandey Kat Ju and Gyan Sudha Misra JJ.
Decided 28 October 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the presumption of Section 113-B of the Evidence Act is attracted in this case and the discussion that we have made hereinabove makes it abundantly clear that the defence could not displace the said presumption.

Judgment, page 27

From the headnote

PENAL CODE, 1860: ss. 304- and 498- /PC and s. 4 of Dowry Prohibition c Act - Dowry death - Circumstantial evidence - Bride died of strangulation and burn injuries in her matrimonial home - Husband and mother-in-law of deceased charged with the offences - Acquittal by trial court - Conviction by High Court - Held: Trial judge recorded acquittal adopting a superfluous 0 approach without in-depth analysis of the evidence and circumstances established on record - He proceeded on wrong premise and irrelevant considerations -The ingredients of s. 304- have been established - The presumption uls

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to

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