LAW FOR ALL

Dowry death sec. 498 A , 304 B of IPC =death was due to asphyxia by throttling = In the present case, we have noticed that the prosecution has successfully proved the ingredients necessary to attract the Provision of Section 304B IPC. Such ingredients having been proved, Section 113­B of the Indian Evidence Act automatically comes into play. In the facts and circumstances, the death of Jaswinder Kaur had taken place just within four months of her marriage. The case of the prosecution mainly rests on the evidence of PW­4 and PW­5, parents of the deceased. At the end of the argument, learned counsel for the appellant made an alternative submission and requested to take a lenient view in view of the fact that after the death of Jaswinder Kaur (first wife), the appellant got married second time and from his second wife he has three children out of which one son is handicapped and his mother is also paralysed. Taking into consideration the aforesaid fact, we affirm the conviction under Section 304B IPC and 498­A IPC and reduce the sentence awarded under Section 304B IPC to seven years alongwith the sentence of two years imposed under Section 498­A IPC and fine of Rs.2,000/­ as imposed by the Trial Court and affirmed by the Division Bench of the High Court with direction that both sentences shall run concurrently.