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G. A. SANAP
Pravin Babanrao Yawle – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
In this appeal, challenge is to the judgment and order dated 29.11.2021, passed by the learned Additional Sessions Judge, Court No.2, Achalpur, whereby the learned Judge convicted the accused of the offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, 1860 (for short, “IPC”) and sentenced them to suffer rigorous imprisonment for 3 years and to pay a fine of Rs.5,000/- each and in default to suffer rigorous imprisonment for one month for the offence punishable under Section 498-A read with Section 34 of the IPC and rigorous imprisonment for 10 years and to pay a fine of Rs.10,000/- each and in default to suffer rigorous imprisonment for three months for the offence punishable under Section 304-B read with Section 34 of the IPC.
02] BACKGROUND FACTS:
PW-2 Rekha Yuvraj Khade is the informant. The crime was registered on her report dated 1st August, 2013 with Paratwada Police Station. The prosecution case, which can be gathered from the report and the material placed on record, is that deceased Pooja was her daughter. The marriage between Pooja and accused No.1 was solemnized on 10th February, 2011. Deceased Pooja, after marriage, we
A conviction under IPC Sections 498-A and 304-B requires clear evidence of a direct link between cruelty and the death, which was not proven in this case.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The main legal point established in the judgment is the necessity to prove the elements of the offences under Sections 498-A, 304B, and 306 of the IPC, including the requirement to establish cruelty ....
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
Conviction under Section 498-A requires clear evidence of cruelty related to dowry demands; a dying declaration indicating accidental death denies such evidence.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
The main legal point established in the judgment is the requirement for the prosecution to prove the presence of the accused at the time of the incident in cases based on circumstantial evidence, and....
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
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