web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001

Posted on July 17, 2020 by ShadesOfKnife

Supreme Court held that the burden of proof even in a 304B Dowry death case initially lies on prosecution only and shifts to accused, only after prosecution establishes their case.

 

Under Section 4 of the Evidence Act whenever it is directed by this Act that the Court shall presume the fact it shall regard such fact as proved unless and until it is disproved. So the court has no option but to presume that the accused had caused dowry death unless the accused disproves it. It is a statutory compulsion on the court. However it is open to the accused to adduce such evidence for disproving the said compulsory presumption, as the
burden is unmistakably on him to do so. He can discharge such burden either by eliciting answers through cross-examination of the witnesses of the prosecution or by adducing evidence on the defence side or by both.

And then,

But the peculiar situation in respect of an offence under Section 304B IPC, as discernible from the distinction pointed out above in respect of the offence under Section 306 IPC is this: Under the former the court has a statutory compulsion, merely on the establishment of two factual positions enumerated above, to presume that the accused has committed dowry death. If any accused wants to escape from the said catch the burden is on him to disprove it. If he fails to rebut the presumption the court is bound to act on it.

Now take the case of an accused who was called upon to defend only a charge under Section 302 IPC. The burden of proof never shifts on to him. It ever remains on the prosecution which has to prove the charge beyond all reasonable doubt. The said traditional legal concept remains unchanged even now. In such a case the accused can wait till the prosecution evidence is over and then to show that the prosecution has failed to make out the said offence against him. No compulsory presumption would go to the assistance of the prosecution in such a situation. If that be so, when an accused has no notice of the offence under Section 304B IPC, as he was defending a charge under Section 302 IPC alone, would it not lead to a grave miscarriage of justice when he is alternatively convicted under Section 304B IPC and sentenced to the serious punishment prescribed thereunder, which mandates a minimum sentence of imprisonment for seven years.

The serious consequence which may ensue to the accused in such a situation can be limned through an illustration:-
If a bride was murdered within seven years of her marriage and there was evidence to show that either on the previous day or a couple of days earlier she was subjected to harassment by her husband with demand for dowry, such husband would be guilty of the offence on the language of Section 304-B IPC read with Section 113-B of the Evidence Act. But if the murder of his wife was actually committed either by a decoit or by a militant in a terrorist act the husband can lead evidence to show that he had no hand in her death at all. If he succeeds in discharging the burden of proof he is not liable to be convicted under Section 304B, IPC. But if the husband is charged only under Section 302 IPC he has no burden to prove that his wife was murdered like that as he can have his traditional defence that the prosecution has failed to prove the charge of murder against him and claim an order of acquittal. The above illustration would amplify the gravity of the consequence befalling an accused if he was only asked to defend a charge under Section 302 IPC and was alternatively convicted under Section 304B IPC without any notice to him, because he is deprived of the opportunity to disprove the burden cast on him by law.

 

In such a situation, if the trial court finds that the prosecution has failed to make out the case under Section 302 IPC, but the offence under Section 304-B IPC has been made out, the court has to call upon the accused to enter on his defence in respect of the said offence. Without affording such an opportunity to the accused, a conviction under Section 304-B IPC would lead to real and serious miscarriage of justice. Even if no such count was included in the charge, when the court affords him an opportunity to discharge his burden by putting him to notice regarding the prima facie view of the court that he is liable to be convicted under Section 304B IPC, unless he succeeds in disproving the presumption, it is possible for the court to enter upon a conviction of the said offence in the event of his failure to disprove the presumption.

 

Shamnsaheb M. Multtani Vs State of Karnataka on 24 January 2001

 


Citations: [

Other Source links:


All Dowry related case laws are in this Index here.

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Burden of Proof on Accused in Certain cases DP Act 8A - Burden of proof in certain cases Landmark Case Legal Procedure Explained - Interpretation of Statutes Shamnsaheb M. Multtani Vs State of Karnataka | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Gopika Jayan and Anr Vs Faisal on 22 Jun 2022 June 29, 2022
  • Shivanand Gurannavar Vs Basavva on 17 Feb 2022 June 28, 2022
  • Gayatri alias Gadigevva Vs Vijay Hadimani on 03 Dec 2021 June 28, 2022
  • Vishnu Kumar Tiwari Vs State of Uttar Pradesh on 09 Jul 2019 June 27, 2022
  • Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020 June 26, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,474 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,436 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (824 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (781 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (730 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (662 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (660 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (496 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (437 views)
  • Beena MS Vs Shino G Babu on 04 Feb 2022 (414 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (310)Reportable Judgement or Order (296)Landmark Case (293)2-Judge (Division) Bench Decision (221)Work-In-Progress Article (212)Catena of Landmark Judgments (192)1-Judge Bench Decision (109)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (75)Article 21 - Protection of life and personal liberty (72)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Perjury Under 340 CrPC (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (37)Issued or Recommended Guidelines or Directions (36)Rules of the Act/Ordinance/Notification/Circular (33)Advocate Antics (33)PWDV Act 20 - Maintenance Granted (32)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (603)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (295)High Court of Andhra Pradesh Judgment or Order or Notification (152)High Court of Delhi Judgment or Order or Notification (104)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (60)General Study Material (55)High Court of Madras Judgment or Order or Notification (49)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (39)Judicial Activism (for Public Benefit) (38)High Court of Allahabad Judgment or Order or Notification (35)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (26)High Court of Gujarat Judgment or Order or Notification (24)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2022 (26)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Issue creating new R2 authentication tokens June 29, 2022
    Jun 29, 01:37 UTCResolved - This incident has been resolved.Jun 29, 00:08 UTCMonitoring - R2 customers that created new authentication tokens between 2022-06-28 15:00 UTC and 2022-06-29 00:00 may have experienced issues where they are unable to use the authentication tokens to authenticate with R2. Customers attempting to use these tokens may experience a 500 […]
  • Network Analytics v2 beta dashboard displaying incorrect data June 28, 2022
    Jun 28, 21:42 UTCResolved - This incident has been resolved.Jun 28, 21:41 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jun 28, 19:06 UTCIdentified - The issue has been identified and a fix is being implemented.Jun 28, 18:31 UTCInvestigating - Cloudflare is currently investigating an issue where in some cases Magic […]
  • Increased HTTP 5xx Errors in Moscow, Russia (DME) June 28, 2022
    Jun 28, 21:08 UTCResolved - This incident has been resolved.Jun 28, 20:46 UTCIdentified - The issue has been identified and a fix is being implemented.Jun 28, 19:24 UTCInvestigating - Cloudflare is investigating an increased level of HTTP 5xx errors in our Moscow, Russia (DME) data center. We are working to analyze and mitigate this problem. […]

RSS List of Spam Server IPs from Project Honeypot

  • 146.185.239.122 | SD June 28, 2022
    Event: Bad Event | Total: 462 | First: 2022-01-27 | Last: 2022-06-28
  • 109.239.60.218 | SD June 28, 2022
    Event: Bad Event | Total: 34 | First: 2022-06-28 | Last: 2022-06-28
  • 43.248.41.76 | SD June 28, 2022
    Event: Bad Event | Total: 1,643 | First: 2017-01-05 | Last: 2022-06-28
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 378 access attempts in the last 7 days.

pixel