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february 2015

Supreme Court of India · 2015-02-27

RAMAKANT MISHRA @ LALU ETC. vs STATE OF U.P.

Citation / case number
SC 2010/30164
Court
Supreme Court of India
Petitioner
RAMAKANT MISHRA @ LALU ETC.
Respondent
STATE OF U.P.
Author
VIKRAMAJIT SEN
Bench
R.K. AGRAWAL VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Sections 498A and 304B IPC, affirming the findings of the lower courts regarding the harassment and cruelty faced by the deceased due to dowry demands. The Court clarified that the prosecution's burden under Section 304B is satisfied by a preponderance of probabilities, establishing a presumption of culpability on the part of the accused, who must then prove their innocence beyond reasonable doubt. The judgment emphasized the interpretation of 'shown' in Section 304B, aligning it with the principles laid down in Sher Singh v. State of Haryana.

RAMAKANT MISHRA @ LALU ETC. vs STATE OF U.P. · Niyam