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BIBEK CHAUDHURI
Kamlesh Kumar Singh, Son of Om Prakash Singh – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
Bibek Chaudhuri, J.
The petitioners are accused persons in connection with Protest-cum-Complaint Case No. C-601 of 2012 (arising out of Chapra Town P.S. Case No. 247 of 2010), cognizance of which was taken by the learned Judicial Magistrate, Ist Class, Saran at Chapra, vide order dated 20th July, 2015, under Sections 304(B)/149/201/149 of the I.P.C.
2. Materials on record shows that Pashupati Singh lodged a complaint before the learned Chief Judicial Magistrate, Chapra on 20th October, 2010 alleging, inter alia, that marriage of her daughter Nandani Singh (since deceased) was solemnized with one Kamlesh Kumar Singh on 10th June, 2006 following Hindu rites and ceremony. Prior to the marriage during initial talk, the petitioners/accused persons demanded dowry and as per demand the father of the deceased gave dowry to the accused persons. After marriage Nandani Singh went to her matrimonial home. However, she was tortured by the accused persons/petitioners on repeated demands of dowry. The father of the deceased tried to satisfy their demands, but there was no end of such demands. On 11th October, 2010 at about 9:00 A.M., the complainant received a Telephonic message from her
Cognizance under IPC Section 304(B) was quashed due to lack of jurisdiction and evidence, while trial under Section 498A was allowed.
In domestic conflict cases involving suicide, courts may quash charges upon evidence of familial reconciliation and lack of credible accusations against defendants, aligning with principles establish....
General allegations without specific evidence are insufficient for conviction under Section 304B of IPC; however, a dowry demand and unnatural death within seven years justify conviction.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
The essential ingredient for dowry death under Section 304B requires proof of cruelty or harassment by the husband or relatives shortly before the woman's death, which was not established in this cas....
The prosecution must establish a clear connection between dowry demand and the death of the victim for a conviction under Section 304-B IPC, which was not proven in this case.
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