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2005 Supreme(SC) 1526

K.G.BALAKRISHNAN, ARUN KUMAR
Taiyab Khan – Appellant
Versus
State Of Bihar (Now Jharkhand) – Respondent


JUDGMENT

Arun Kumar, J.—This is an appeal against a judgment of conviction under Section 304B of the Indian Penal Code passed by the VIth Additional Judicial Commissioner, Ranchi and confirmed by the High Court of the State of Jharkhand at Ranchi. The three appellants were sentenced to 10 years R.I. each. The appellant No. 1 Taiyab Khan is the husband of the deceased while appellants No. 2 and 3 are his parents. The deceased was named Noorjahan. Marriage of appellant No. 1 with Noorjahan took place in April 1991. The incident leading to death of Noorjahan is of 9th February, 1994. Death of Noorjahan is said to have been caused by poisoning. The main ingredients of Section 304B IPC are :

(a) Death of a woman;

(b) By burns or bodily injury or occurrence otherwise than under normal circumstances;

(c) Within seven years of her marriage;

(d) Soon before her death the victim was subjected to cruelty or harassment by her husband or any relative of her husband in connection with demand for dowry.

2. Present is a case of death of a woman having taken place within three years of her marriage. It is a case of an unnatural death, that is, death which occurs otherwise than under normal circumstances.






























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