VIRENDER PAL @ VIPIN versus STATE OF HARYANA

VIRENDER PAL @ VIPIN versus STATE OF HARYANA

The evidence established that the deceased died otherwise than under natural circumstances within seven years of marriage and was subjected to continuous harassment and dowry demands soon before death, thereby invoking the presumption under Section 113-B; the appellant failed to rebut this presumption and medical evidence (post-mortem) showed ante-mortem injuries causing death; the trial court's procedural lapse in accepting medical evidence on affidavit was a curable irregularity as no prejudice resulted, and therefore conviction under Section 304-B IPC was rightly upheld.

Parties
Accused Appellant: Virender Pal @ Vipin; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
15 May 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Judgment Upholding Conviction Under Section 304 B IPC
Outcome
Appeal dismissed; conviction and sentence under Section 304-B IPC upheld
Legal Topics
Dowry Death, Section 304 B IPC, Section 113 B Evidence Act, Medical Evidence on Affidavit, Curable Irregularity, Post Mortem Evidence
Criminal Law Evidence Procedural Law Dowry Death Section 304 B IPC Section 113 B Evidence Act Medical Evidence on Affidavit Curable Irregularity +1 more

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Parties

Virender Pal @ Vipin

Accused Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Judgment Upholding Conviction Under Section 304 B IPC

Legal Issues

  1. 1 Whether the High Court was correct in upholding conviction under Section 304-B IPC
  2. 2 Whether testimony/affidavit of the medical officer could be accepted and whether the trial court's failure to elicit detailed medical testimony was fatal

Ratio Decidendi

The evidence established that the deceased died otherwise than under natural circumstances within seven years of marriage and was subjected to continuous harassment and dowry demands soon before death, thereby invoking the presumption under Section 113-B; the appellant failed to rebut this presumption and medical evidence (post-mortem) showed ante-mortem injuries causing death; the trial court's procedural lapse in accepting medical evidence on affidavit was a curable irregularity as no prejudice resulted, and therefore conviction under Section 304-B IPC was rightly upheld.

Court Disposition

Appeal dismissed; conviction and sentence under Section 304-B IPC upheld

Orders

  • Accused-appellant to surrender within four weeks and serve the remaining sentence
  • Pending applications, if any, stand disposed of