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N. V. RAMANA, A. S. BOPANNA, HIMA KOHLI
Devender Singh – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
HIMA KOHLI, J.
1. The appellants have assailed the judgment dated 14th September, 2017, passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 57 of 2010, whereby the judgment dated 17th April, 2010 passed by the learned Sessions Judge, Rudraprayag acquitting them from the charges under Section 498A, 304B and 120B of the Indian Penal Code1 [for short “IPC”] has been reversed and they have been sentenced to undergo rigorous imprisonment for a period of seven year with a fine of Rs. 10,000/- (Rupees Ten thousand) and in default, to undergo simple imprisonment for three months for the offence under Section 304B IPC. The appellants have also been sentenced to undergo rigorous imprisonment for one year under Section 120B IPC and two years under Section 498A IPC. Being aggrieved by the said judgment and order of conviction, the appellants are before this Court, in this appeal by way of special leave.
2. The brief facts leading to the case are that the appellant No. 1, Devender Singh, son of appellant No. 3, Smt. Kunja Devi and Bhawan Singh was married to the deceased, Sushila, the wedding having been solemnized on 20th October, 2007. Sushila is stated to hav
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
The judgment emphasizes the need for evidence to prove cruelty and harassment for a dowry demand, and highlights the importance of material witnesses in establishing the prosecution's case.
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
(1) Demand for money for construction of house falls within definition of dowry.(2) When dealing with cases under Section 304-B IPC, a provision legislated to act as a deterrent in society and curb h....
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