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CHANDRA SHEKHAR JHA
Bengali Ram – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J. – The present appeal has been preferred by the appellants-convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction and order of sentence dated 19.11.2003 passed by learned Additional District and Sessions Judge, Fast Track (Additional) Court, Nalanda, Bihar Sharif in S.T. No.51 of 1991/Tr. No.70 of 2002 arising out of Rahui P.S. Case No.2 of 1990, whereby the trial court has convicted both the above-named appellants under Sections 304-B and 201 of the Indian Penal Code (for short ‘IPC’) and sentenced to undergo simple imprisonment for ten years under Section 304-B of IPC and simple imprisonment for three years under Section 201 of the IPC respectively with a fine of Rs.5000/- each and in default of payment of fine, to further undergo imprisonment for two and half years. All the sentences have been ordered to run concurrently.
2. The case of prosecution, in brief, as it appears from the written information that the informant, namely, Amrit Ram/PW-7, when visited the matrimonial village of his daughter in connection with some other work, he met with his ‘samdhi’, who respo
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
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....
The judgment establishes that the presumption of guilt under Section 113-B of the Evidence Act applies when the prosecution proves the essential elements of dowry death under Section 304(B) IPC, shif....
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