Supreme Court of India
Ashok Kumar v. State of N.C.T. of Delhi and Ors.
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From the headnote
Evidence Act, 1872: s. I I 3B-Presumption under, is relatable to death occurring within 7 years of marriage--On facts, marriage was solemnized more than I 0 years before the death of wife-Hence, High Court's order convicting accused not sustainable-Pena/ Code, 1860-ss.304B and 498A. The present appeal is filed by accused-husband against the High Court's order upholding conviction under ss. 498- and 304- IPC. Allowing the appeal, the Court HELD: The conviction of the appellant cannot be maintained.
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