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SHAILENDRA SINGH
Kari Yadav – Appellant
Versus
State of Bihar – Respondent
Shailendra Singh, J. – Learned counsel Mrs. Vaishnavi Singh appearing for the appellants and learned APP Mr. A.M.P. Mehta for the State are present and they are heard on the merit of this appeal.
2. The instant appeal has been filed by the Appellants Kari Yadav and Ramlal Yadav against the Judgment of Conviction dated 10.04.2019 and order of Sentence dated 15.04.2019 passed by the learned Presiding Officer, Fast Track Court-I, Madhubani in Sessions Trial Case No. 303/2003/94/2018 arising out of Khajouli (Kaluahi) P.S. Case No. 67 of 2002.
3. The appellants and two co-accused persons namely, Bilti Devi and Jhamlal Yadav have faced trial jointly but the said co-accused persons have been acquitted of the offence charged while the appellants have been convicted for the offence punishable under Section 304B of Indian Penal Code (hereinafter referred to as “IPC”). Both the appellants have been sentenced to undergo rigorous imprisonment for ten years for the offence punishable under Section 304B of IPC. The said judgment of conviction and order of sentence have been challenged in this appeal by the convicts who are here appellants.
4. The prosecution’s case in brief is that one namely, Baidn
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
The judgment emphasizes the need for evidence to prove cruelty and harassment for a dowry demand, and highlights the importance of material witnesses in establishing the prosecution's case.
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
The importance of reliable evidence, including dying declarations, and the fatal nature of the delay in lodging the FIR in establishing charges of cruelty and dowry death.
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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