9911796707
TMI Blog1996 (2) TMI 583X X X X Extracts X X X X X X X X Extracts X X X X ..... nds established by the judicial confession as well as the extra - judicial confession deposed by P.Ws.2, 4 and 5. The prosecution case also stands corroborated, according to the learned counsel, by the injuries which were found on the person of the deceased. It has been urged that a charge was framed under Section 304- B, and as the death of Vidva was within seven years of her marriage and the same having nexus with demand for dowry, it has to be presumed, in view of what has been stated in Section 113-B of the Evidence Act, that the respondent had caused dowry death. 3. Shri H.S. Rai, Senior counsel appearing for the respondent, has first submitted that the trial court having not convicted the respondent under section 304-B, and there hav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for a confession to be used against the maker in a criminal trial the same has to be both true and voluntary. 5. Coming to the case under section 304-B, Shri Rai has brought to our notice the statement as recorded by the police on 28th March, 1989 itself - the occurrence being in 27th March - when two brothers of the deceased were present during the time of inquest. The two brothers happened to he so present because soon after the death of Vidya news has been sent to Vidya's father who had sent his two sons. named, Chotu and Tarachand. Chotu's statement then was that his sister Vidya had dated by falling into the well due to loss of balance at the time of drawing water from it. It may be pointed out that the dead body had been rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ential organ and anus; and the breadth of some other wounds would rule cut infliction of the same by lathi inasmuch as the same was even .5 cm . These injuries could, however, be caused during fall in a well fitted with page to support the pipe for drawing water. as admitted by the autopsy surgeon (P.W.1) in his cross-examination. 8.We would, therefore, accept the defence version that a false case not instituted on 31st March - the death being on 27th - on which date the FIR of the present case was filed, stating about causing of death of Vidya on failure to meet the demand of dowry. Though P.Ws.2 and 5, who are the parents of Vidya, have mentioned about this demand, we are of inclined to place reliance on this piece of evidence on the fac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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