For proving presumption under S. 113-A of Evidence Act it has to be established that wife was subjected to cruelty, as in S. 498-A IPC

High Court of Himachal Pradesh: While deciding a criminal appeal preferred by the appellant-State challenging the judgment of the Trial Court, whereby the accused were acquitted for the offence punishable under Sections 498-A, 306 and 404 read with Section 34 of IPC, a two-Judge Bench of Tarlok Singh Chauhan, J. and Chander Bhusan Barowalia, J. held that the prosecution failed to prove the guilt of the accused beyond shadow of reasonable doubt and declined to interfere with the impugned judgment.

The respondents were accused of abetting the suicide of the deceased. Learned Additional Advocate General argued that the proof required under Section 498-A is not strict proof, but only preponderance of probabilities are required to be established. He further argued that the statements of the witnesses clearly established the guilt of the accused persons beyond reasonable doubt.

The Court, after perusing the arguments and the evidence, held that the prosecution failed to prove that cruel treatment was given to the deceased and under these circumstances the presumption that it was a dowry death within seven years of marriage does not arise at all. The fact of deceased’s being taken to hospital by the accused immediately on consuming medicines proved the good conduct of the accused persons. In the given circumstances, the appeal was held sans merit and was accordingly dismissed. [State of Himachal Pradesh v. Ashwani Kumar, 2017 SCC OnLine HP 1311, decided on September 1, 2017]

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