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Supreme Court of India 2019-08-07 allowed

MAHESH KUMAR vs STATE OF HARYANA

Bench: 2 — L. Nageswara Rao, Hemant Gupta

In Brief

Mahesh Kumar was convicted of dowry death under Section 304-B IPC after his wife Omwati died in 1994. The trial and High Court accepted family members' oral testimony that he demanded dowry. The Supreme Court allowed the appeal and acquitted him, finding the prosecution failed to prove the essential ingredients beyond reasonable doubt. Although letters showed marital discord, none explicitly evidenced dowry demands. Critically, the prosecution did not examine independent Panchayat members who allegedly witnessed agreements regarding the alleged harassment, making reliance on family testimony alone insufficient. The Court held that 'soon before death' requires proximate nexus between harassment and death, which was not established.

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Criminal Law Dowry Death Evidence Procedural Safeguards

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