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Supreme Court of India 2020-01-28 partly_allowed

KASHMIRA DEVI vs THE STATE OF UTTARAKHAND

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

A woman died from severe burn injuries within four years of marriage. The trial court acquitted the mother-in-law (appellant) and others, but the High Court convicted her under Sections 304-B and 498-A IPC (dowry death and cruelty), sentencing her to life imprisonment. The Supreme Court upheld the conviction, finding that the prosecution proved dowry-related harassment soon before death, triggering a presumption under Section 113-B. The Court relied on the deceased's third dying declaration—recorded after her parents gained access—over two earlier statements made under accused's control. The Court reduced the sentence from life to seven years' rigorous imprisonment, holding that life sentences under Section 304-B should be reserved for rare cases.

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