Penal Code, 1860–Secs. 498-A/34 & 304/34 [Corresponding Sec. 85/3(5) & 105/3(5) of BNS, 2023]–Conviction–Sustainability–Mother of the deceased turned hostile and deposed that her daughter never complained of any dowry related cruelty–She stated that the deceased was living raajikhushi at her matrimonial home–Other prosecution witnesses also failed to attribute specific or proximate acts of dowry related harassment to the accused particularly to appellant no.2–Presumption u/s. 113-B of the Evidence Act cannot be pressed into service–Appellant is entitled to be acquitted–Appeal against the deceased appellants is deemed to have abated.
