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CHAKRADHARI SHARAN SINGH, NAWNEET KUMAR PANDEY
Dhanraj Sharma S/o Late Harnath Sharma – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Chakradhari Sharan Singh, J.
The appellants have preferred these appeals under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 31.07.2017 and order of sentence dated 15.09.2017 passed by the learned Adhoc Additional District and Sessions Judge, Aurangabad, Fast Track Court No. VI, in Sessions Trial No. 425/90/73/17, arising out of Rafiganj P.S. Case No. 44 of 1986, whereby and whereunder the appellants have been convicted and sentenced as under:-
| Cr. Appeal (D.B.) No. 1211 of 2017 | ||||
|
| Convicted under sections | Sentence | ||
| Dhanraj Sharma |
| Imprisonment | Fine (Rs.) | in default of fine |
| 302 of the Indian Penal Code | R.I for life | 15,000/- | R.I for one year | |
| 201 of the Indian Penal Code | R.I for seven years | 5,000/- | R.I for six months | |
| 498A of the Indian Penal Code | R.I. for three years | - | - | |
| Cr. Appeal (D.B.) No. 1223 of 2017 | ||||
| Murli Manohar Sharma | Convicted under sections | Sentence | ||
|
| Imprisonment | Fine (Rs.) | in default of fine | |
| 302 of the Indian Penal Code | R.I for life | 15,000/- | R.I for one year | |
| 201 of the Indian Penal Code | R.I for seven years | |||
The necessity for the prosecution to provide clear and cogent evidence in circumstantial cases, establishing guilt beyond reasonable doubt and excluding all other reasonable hypotheses.
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
In criminal cases based on circumstantial evidence, a complete and unbroken chain of evidence is necessary to satisfy the standard of proof beyond a reasonable doubt for a conviction.
The burden of proof lies on the prosecution to establish the essential ingredients of the offence, and the accused must be given the opportunity to prove their innocence. Medical and circumstantial e....
The judgment establishes the importance of a complete chain of evidence and a clear motive in cases based on circumstantial evidence. It also highlights the significance of Section 156 (3) of Cr.P.C.....
In cases based on circumstantial evidence, all circumstances must conclusively establish guilt beyond reasonable doubt; any gaps can benefit the accused.
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
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