Dowry Death: Karnataka High Court Sets Aside Conviction U/S 304B IPC Citing Discrepancies In Multiple Dying Declarations
Case: Nazrulla Khan @ Nazrulla And The State Of Karnataka
Coram: Justice Mohammad Nawaz
Case No.: Criminal Appeal No.2045 Of 2018
Court Observation: “There is discrepancy in the multiple dying declarations insofar as the accused pouring kerosene and setting fire to the victim. The case of the prosecution in that regard has been disbelieved by the trial Court. Further, even insofar as the accused is demanding money from the victim, there is discrepancy.”
“In the case on hand, the evidence on record falls short to attract the ingredients of abetment. Further the prosecution has failed to establish that soon before her death, the deceased was subjected to cruelty for the purpose of dowry. Hence, the findings recorded by the trial Court for convicting the accused for the offence punishable under Section 304B of IPC is not sustainable in law.” “However, the evidence and material on record is sufficient to hold that the accused has committed an offence punishable under Section 498A of IPC.”
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