Radesh Chandra v. Rajeev and Anothers
Case brief
What is this about?
A revision petition by the informant against the acquittal of the accused under Sections 304B and 498A IPC for dowry death. The High Court held that it cannot re-appreciate evidence in revision at the instance of a private complainant. The trial court's findings were not perverse or illegal. The presumption under Section 113B was not applicable as prosecution failed to establish a dowry demand proximately linked to death. The dying declaration was valid despite the absence of a fitness certificate per settled law. The revision was dismissed and the acquittal affirmed.
What did the court decide?
The revision petition was dismissed and the trial court's acquittal order dated 22.09.1999 was affirmed. Pending applications were disposed of and the trial court record was ordered to be returned.