Dowry Death -- Heart Attack -- Medical Opinion of Cardiac Arrest or Myocardial Infarction -- Not conclusive proof of natural death for quashing of proceedings
(i) Bharatiya Nyaya Sanhita, 2023, S.80(2) -- Dowry Death -- Medical Opinion of Cardiac Arrest or Myocardial Infarction -- Death of young married woman cannot be presumed natural at the initial stage where persistent cruelty within seven years of marriage is alleged -- Physical strain or mental torture can precipitate seizures, cardiogenic shock or myocardial infarction -- Death of natural type means death from age or illness in the ordinary course. (ii) Bharatiya Sakshya Adhiniyam, 2023, S.118 -- Dowry Death -- Presumption on Prima Facie Foundational Facts -- Presumption operates once foundational facts of dowry death are prima facie shown -- Medical finding of myocardial infarction alone does not remove it. (iii) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Quashing of Proceedings -- Dispute on Natural or Induced Cause of Death -- Proceedings can be quashed only where allegations, taken at face value, disclose no offence -- Cause of death is a mixed question of fact and law needing evidence of treating doctors, viscera and toxicology reports and witnesses -- It is for the trial and cannot be decided in summary proceedings.
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