accused persons could not discharge their burden under Section 113B of the Evidence Act

DOWRY DEATH-
REVISION ALLOWED

Indian Penal Code, 1860, Sections 498A, 304B, 302 and 34 - Evidence Act, 1872, Sections 32 and 113B - Dowry death - Cruelty - Acquittal - Revision - Alleged dying declaration was recorded in accordance with law and in full consciousness of the victim who died later on, hence her statement is admissible under Section 32(1) of the Evidence Act - It was an unnatural death of the bride within four months of the marriage for not bringing the demanded dowry, she was subjected to physical and mental cruelty soon before her death, the explanation given by the accused persons cannot be accepted by a prudent mind - After discharging the burden of proof by the prosecution, accused persons could not discharge their burden under Section 113B of the Evidence Act - Impugned order set aside - Revision allowed. (Allahabad) [DocId#2463251]