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BIRENDRA KUMAR
Indradeo Prasad @ Inardeo Prasad @ Inardeo Kushwaha – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The appellants, above named, have challenged their conviction for offences under Sections 304B/34 and 201/34 of the Indian Penal Code by judgment dated 05.05.2018 passed by learned Additional Sessions Judge-VIII, Gopalganj, in Sessions Trial No. 334 of 2007, arising out of Barauli P.S. Case No. 105 of 1996. By the impugned order of sentence of the same date rigorous imprisonment for eight years along with fine of rupees twenty thousand was awarded for offence under Section 304B/34 of the Indian Penal Code and rigorous imprisonment for five years and a fine of rupees five thousand was awarded for offence under Section 201/34 of the Indian Penal Code. In default of payment of fines six months simple imprisonment was ordered. The sentences have been ordered to run concurrently against both the appellants.
2. The prosecution case as disclosed in the written report of PW 4 Rajendra Prasad is that his daughter 'S' was married with co-accused Pushpendra Kumar on 27.02.1996. After marriage S. went to her matrimonial house. 16 days thereafter the informant went to meet S. She complained that her husband Pushpendra, father-in-law (appellant Raj Kumar Prasad), the mother-in-law and
The prosecution must establish the essential elements of the offence under Section 304-B of the Indian Penal Code, including the demand of dowry, torture, and cruelty by the accused, to secure a conv....
Prosecution must prove that a woman's death occurred due to dowry-related cruelty or harassment soon before death for Section 304-B IPC to apply; lack of evidence leads to acquittal.
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
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....
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