Learned counsel for the petitioner submits that to draw an inference under Section 113B of Indian Evidence Act, the onus lies upon the prosecutrix to establish the fact beyond reasonable doubt that the death occurred within seven years of marriage and it was an unnatural death. Further it has to be established by adducing positive evidence that soon before her death, she was subjected to maltreatment for or in-connection with demand of dowry. It is submitted that every cruelty would not come under the ambit of Section 304B of IPC as only dowry related cruelty is required to be taken into consideration. Herein in this case, it is an admitted fact that the marriage of the parties got solemnised in a community gathering”Samuhik Vivah Sammelan” in which both the parties agreed to not give or take dowry. Counsel further submits that the cause behind her suicide may be related to some extra martial relationship for which he drew attention of this court towards Ex.18 to 20, a perusal of which reflects that for as many as 138 hours, she was in conversation with an unknown person. He was on bail during the entire course of the trial but the liberty was never misused. Therefore, the application for suspension of sentence may be granted and in view of the judgment passed by Hon’ble Supreme Court in the case of State of Gujarat Vs Bhalchandra Laxmi Shankerdave reported in 2021(2)SCC 735. The matter requires de novo appreciation of evidence. The hearing of appeal would take long time.
