Back
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
State of Jharkhand – Appellant
Versus
Yogendra Prasad Singh – Respondent
ORDER (ORAL)
Shree Chandrashekhar, J.—
IA No.3500 of 2023
This Interlocutory Application has been filed by the respondents stating that during pendency of this acquittal appeal the Respondent No.1, namely, Rambarat Prasad Singh has died on 16.06.2013.
2. In view of the above, office is directed to delete the name of the Respondent No.1 from the array of parties.
3. IA No. 3500 of 2023 stands disposed of.
Acquittal Appeal (DB) No. 04 of 2006
4. This Acquittal Appeal has been filed by the State of Jharkhand to challenge the judgment of acquittal dated 14th October 2005 in Sessions Trial No. 67 of 2004 passed by the learned Additional Sessions Judge, Fast Track Court No.III, East Singhbhum at Jamshedpur.
5. In Sessions Trial No. 67 of 2004, Rambarat Prasad Singh who is the father-in-law, Parbati Devi who is the mother-in-law, Sushil Kumar who is the brother-in-law and Yogendra Prasad Singh who is the husband of Ruby Rani were charged under section 304-B of the Indian Penal Code for causing dowry death.
6. Parsudih PS Case No. 84 of 2003 was lodged on the basis of the fardbeyan of Bisheshwar Mandal recorded on 6th July 2003 around 06:00 PM at MGM Hospital, Jamshedpur. In his f
(1) Dowry death – Any member of grieving family which has lost two precious lives is not expected to focus on making allegations and finding faults with husband and other family members.(2) Criminal ....
The prosecution failed to prove essential elements of dowry death, leading to acquittal of most accused, while confirming conviction of mother-in-law under Section 498-A IPC.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
The court established that dowry death under Section 304(B) IPC requires proof of harassment related to dowry demands, with the prosecution bearing the burden of proof beyond reasonable doubt.
The main legal point established in the judgment is the requirement for the prosecution to establish the essential facts constituting dowry death, including the proximity between the alleged cruelty ....
The judgment establishes the application of key legal provisions such as Section 304B and 498A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the presumption under Section 113B....
The Court established that dowry death under IPC 304-B requires proof of cruelty related to dowry demands occurring soon before the victim's death.
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
