IPC Section 304B: Tricky as a Maggi Masala Packet
criminal cuet_pg intermediate pyq_discussionMaine ye question 3 baar padha aur abhi bhi samajh nahi aaya 😭. Ques: A husband is accused of murdering his pregnant wife under Section 304-B IPC. Wife was 7-month pregnant and was found dead in her home. Police investigation shows that husband had a love affair with another woman, but wife was still alive when husband left the house. However, husband was not present at the time of death and there is no eyewitness. What would be the proper legal approach to this case?
To tackle this question, first we need to understand section 304-B IPC, which deals with dowry death. Correct approach would be to first analyze if dowry death case is made out or not. If yes, then next step would be to check if husband's culpability can be established under this section.
Additional Info: IPC 304B, khata hai? Section 304B deals with dowry death. To prove, prosecution need to show dowry demand, harassment, and death within 7 years of marriage. Court also looks at intention - was it murder or accidental death? Key case is Sushil Kumar Sharma v. R., 2005. If you're dealing with a dowry death case, this is a must-read. Section 113B of the Indian Evidence Act is also related.