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BIRENDRA KUMAR
Gudhiya Devi @ Gddhiya Kumari @ Guriya Kumari – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Birendra Kumar, J. - Heard the parties.
2. These appeals have been preferred against the judgment of conviction dated 02.12.2019 and order of sentence dated 11.12.2019 passed against the appellants by learned Additional Sessions Judge-X, Ara, Bhojpur, in Sessions Trial No.297 of 2017 corresponding to Bihiya P.S. Case No.132 of 2016.
Appellant Sanjay Sharma, who is husband of the alleged victim of dowry death, has been awarded rigorous imprisonment of 8 years and a fine of rupees ten thousand for offence under Section 304B of the Indian Penal Code. In default of payment of fine six months rigorous imprisonment has been awarded. The appellant Sanjay Sharma has further been convicted under Section 498A of the Indian Penal Code and rigorous imprisonment of three years along with fine of rupees five thousand have been awarded. In default of payment of fine he was directed to undergo rigorous imprisonment for one month. Other appellants were convicted under Section 498A of the Indian Penal Code only and rigorous imprisonment of three years besides fine of rupees ten thousand has been awarded. In default of payment of fine rigorous imprisonment of six months has been ordered. The s
The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
The court upheld conviction for dowry death, emphasizing that evidence of torture and demand for dowry proven leads to presumption of causation under relevant legal provisions.
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.
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Section 304B of the IPC; failure to ....
The central legal point established in the judgment is the requirement for the prosecution to prove cruelty or harassment for dowry soon before the death of the woman in cases of dowry death under Se....
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