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Supreme Court of India 2020-01-28 partly_allowed

Kashmira Devi vs State of Uttarakhand & Ors

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

A woman (Urmila) died from severe burn injuries within four years of her marriage after complaints of dowry harassment by her in-laws. The trial court acquitted the mother-in-law (appellant) citing conflicting dying declarations. The High Court convicted her under Section 304-B IPC (dowry death), relying on a third dying declaration made when the deceased was free from in-law influence. The Supreme Court upheld the conviction, finding the third declaration reliable when assessed independently and the presumption under Section 113-B satisfied. However, the Court modified the sentence from life imprisonment to seven years, holding that extreme punishment under Section 304-B should be rare.

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Dowry Death Criminal Law Evidence Dying Declarations Section 304-B IPC Section 498-A IPC Section 113-B Evidence Act Sentencing

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