Supreme Court of India

Rajesh Bhatnagar v. State of Uttarakhand

Neutral citation

Reported as [2012] 5 S.C.R. 895

Bench Swatanter Kumar J.

Decided 10 May 2012

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, onus lies on the accused to rebut the presumption and in case of Section 113-B relatable to Section 304-B IPC, the onus to prove shifts exclusively and heavily on the accused.

Judgment, page 14

From the headnote

Penal Code, 1860 - s. 304- - Dowry death - Prosecution case that husband, brother-in-law and mother-in-law of a woman burnt her to death after pouring kerosene on her, as she and her parents failed to satisfy their demands of dowry - Courts below convicted all the three accused uls.304-8 /PC - Appeals by husband and brother-in-law before Supreme Court - Held: PW2, mother of the deceased, deposed that demand of dowry in relation to various items persisted right from date of engagement, uptil the death of deceased - Statement of PW2 corroborated by PW1, an uncle of the deceased - Definite

Authorities it was built on

2008 Asraf Ali v. State of Assam cited by 8
1993 Kundula Bala Subrahmanyam and Anr. v. State of Andhra Pradesh cited by 8
2011 Bansi Lal v. State of Haryana cited by 7
1994 Hem Chand v. State of Haryana cited by 6
2006 T. Aruntperunjothi v. State through S.H.O., Pondicherry cited by 6
2008 Hemchand Jha v. State of Bihar cited by 5
2007 Biswajit Halder @ Babu Halder and Ors. v. State of West Bengal cited by 5

Where later benches applied it

2014 Ak Devaiah v. State of Karnataka referred to

Of those, 1 referred to

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