STATE OF RAJASTHAN versus TEG BAHADUR AND ORS.

STATE OF RAJASTHAN versus TEG BAHADUR AND ORS.

Since one of the main ingredients of dowry demand was absent and prosecution evidence was contradictory and unreliable, it could not be treated as proved that the accused demanded dowry soon before the death and that the deceased was harassed due to this. High Court's acquittal was justified and conviction based on presumption alone was not sustainable.

Parties
Appellant: State of Rajasthan; Respondents: Teg Bahadur and Ors.
Jurisdiction
India
Judgment Date
29 September 2004
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against Acquittal by High Court
Outcome
Appeal dismissed; acquittal upheld.
Legal Topics
Dowry Death, Presumption Under Evidence Act, Hostile Witness, Acquittal
Criminal Law Dowry Death Presumption Under Evidence Act Hostile Witness Acquittal

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Parties

State of Rajasthan

Appellant

Teg Bahadur and Ors.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against Acquittal by High Court

Legal Issues

  1. 1 Whether prosecution proved demand of dowry soon before death of deceased
  2. 2 Whether presumption under Section 113-B of Evidence Act applies
  3. 3 Whether High Court's acquittal justified in light of evidence

Ratio Decidendi

Since one of the main ingredients of dowry demand was absent and prosecution evidence was contradictory and unreliable, it could not be treated as proved that the accused demanded dowry soon before the death and that the deceased was harassed due to this. High Court's acquittal was justified and conviction based on presumption alone was not sustainable.

Court Disposition

Appeal dismissed; acquittal upheld.

Orders

  • No order issued; conviction set aside.