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State vs. Ramdin & Anr.

52.00 5.20

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Penal Code, 1860–Secs. 304B, 498-A & 201 [Corresponding Secs. 82, 85 & 238 of BNS, 2023]–Acquittal from the offence on the ground of benefit of doubt–Justification–It has been proved by the testimony of witnesses that the death of victim was caused otherwise than under normal circumstances by burns and within seven years of her marriage–She was subjected to taunts and harassment in connection with the demand of dowry by her mother-in-law and father-in-law from last 7-8 months–Cruelty remained continued even after the fulfillment of unlawful demand during Balunda ritual–In-laws of deceased were under the obligation to explain the facts and circumstances under which the incident took place–Cremation of deceased was performed without informing her family members and thereby also preventing the post-mortem of her dead body–Brunt clothes, clay and an empty plastic container were found on the place of incident–The house had the smell of kerosene–Prosecution discharged its initial burden and proved the essential ingredients and the same time, the accused failed to discharge the onus put upon them–Respondents deserve to be convicted for the offence u/s. 304-B, 498-A & 201.