5 years, 4 months ago

Word 'Soon Before Death' In Section 304B IPC, Cannot Be Interpreted As Immediately 'Prior To Death' [Read Order]

Karnataka High Court has held that the 'word' used under Section 304B of IPC, though it is used soon before the death', cannot interpreted as prior to the death immediately, even it has to be taken into consideration depending upon the facts and circumstances of each case and the entire statement of the witnesses and charge sheet material has to be looked into in this behalf. Justice B A. Karnataka High Court has held that the 'word' used under Section 304B of IPC, though it is used soon before the death', cannot interpreted as prior to the death immediately, even it has to be taken into consideration depending upon the facts and circumstances of each case and the entire statement of the witnesses and charge sheet material has to be looked into in this behalf. Justice B A Patil while dismissing the petition filed by Harish T R and other, challenging a lower court order dismissing their discharge applications, said "On going through the statement of the witnesses and charge sheet material there appears to be some material about ill-treatment and harassment meted out by the accused for the purpose of demand of dowry. In order to attract the provision of Section 304B of IPC, soon before the death, there must be ill-treatment and harassment caused to the deceased for demand of dowry.

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