BIRENDRA KUMAR
Anrudh Das – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. Both the appellants, above named, along with others were arrayed as accused in Parbatta P.S. Case No. 398 of 2015 registered under Sections 304B, 201/34 of the Indian Penal Code on the written report of Arvind Yadav of village Ariya, P.S. Parbatta, District- Khagaria. After investigation of the case police exonerated several accused vide Charge-sheet No. 175 dated 17.04.2016. However, sent to appellant Anrudh Das for trial and investigation against appellant Birbal Yadav and non-FIR accused Nandu Yadav was kept pending. Thereafter, another charge-sheet under Section 173 Cr.P.C. was filed vide Charge-sheet No. 440 of 2016 dated 30.11.2016 against appellant Birbal Das @ Birbal Yadav and investigation against non-FIR accused Nandu Yadav was kept pending.
Due to filing of separate charge sheet the trial against the appellants were separately committed to the Court of Sessions.
Appellant Birbal Das faced trial in Sessions Trial No. 139 of 2017/27 of 2018 for offences under Sections 304B, 302 and 201 of the Indian Penal Code. Appellant Anrudh Das faced trial in Sessions Trial No. 364 of 2016/715 of 2019 for offences under Sections 304B/34 and 201/34 of the Indian Penal Code.
By j
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.
Prosecution must prove unnatural death within seven years of marriage and cruelty/harassment for dowry 'soon before' death beyond reasonable doubt to invoke dowry death presumption; general allegatio....
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
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