Penal Code, 1860–Sec. 302–Conviction–Proper Section–Death within 14 months of marriage–Body of deceased was found lying on the floor of the house–Door of the house was free access–Possibility of entering any other person–Land-lord who cleared access to the house was not examined by the prosecution– A material contradiction in regard to the ornaments which were worn by deceased and found missing–String and wicket which were lying near the body were not seized on the same day and were not sent to FSL–String alleged for strangulating the deceased was 8-1/2 inches in length which
were not possible to commit offence–Held, conviction u/s. 302 cannot be sustained, however, sufficient evidence on record that the deceased was subjected to cruelty and harassment in regard to a dowry from the point of marriage till her death–Appellant is liable to be convicted u/s. 304-B–Sentence modified up to nine years.
