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july 2009

Supreme Court of India · 2009-07-22

ASHA DEVI vs STATE OF BIHAR

Citation / case number
SC 2004/19173
Court
Supreme Court of India
Petitioner
ASHA DEVI
Respondent
STATE OF BIHAR

Judgment text excerpt

The Supreme Court examined the applicability of Section 304B and Section 498A IPC in the case of Sudhia Devi's death. The Court held that for a conviction under Section 304B, there must be evidence of dowry demand proximate to the death, which was not established as the evidence presented was dated significantly prior to the incident. Consequently, the Court acquitted the accused, overturning the lower courts' convictions, as the prosecution failed to prove the necessary elements of the charges.

ASHA DEVI vs STATE OF BIHAR · Niyam