Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established : Supreme Court

The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural.The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death.Holding that these factors were not established,. The Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code cannot be made out if the cause of death has not been established as unnatural. The Court also held that it has to be shown that the deceased wife was subjected to cruelty or harassment in connection with demand for dowry soon before her death. The accused were not found in possession of poison In this connection, the Court referred to the circumstances necessary to prove death by poisoning, as laid down in Sharad Birdhichand Sarda v. State of Maharashtra and Anant Chintamun Lagu v State of Bombay: there is a clear motive for an accused to administer poison to the deceased, that the deceased died of poison said to have been administered, that the accused had the poison in his possession, that he had an opportunity to administer the poison to the deceased In this case, the Court noted that there is no evidence at all that the deceased died of poisoning.