Supreme Court of India
Sandeep Kumar and Others v. State of Uttarakhand and Another
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What the Court ordered
We are of the view that second respondent should not be permitted to draw support from the statement in the Affidavi t of the second appellant accompanying the Bail Application of his wife to the effect that the deceased herself took poison.
Judgment, page 37
From the headnote
Penal Code, 1860 – s.304B – Dowry Death – Poisoning alleged – Appellants (husband, father-in-law and mo ther-in-law) acquitted by trial court – Acquittal set aside by High ourt – On appeal, held: PW1 (father of the victim) admitted that th ere was no demand for dowry before or at the time of marriage – Version about the demand for Rs.10 lakhs by first appellant (husband ) is wholly unacceptable – Further, there is no evidence that the dece ased died of poisoning – Police did not recover any poison from the a ppellants or their house – FSL report categorically rules out the pre sence of any
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