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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Rajiv Ranjan – Appellant
Versus
State of Bihar – Respondent
Vipul M. Pancholi, J.—The present appeal has been filed under Section- 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the judgment of conviction dated 08.04.2019 and order of sentence dated 18.04.2019 passed by learned Additional Sessions Judge-VII, Patna City, in Sessions Trial No. 403 of 2011, (arising out of Khajekala P.S. Case No. 203 of 2009), whereby the appellant/convict has been convicted for the offence punishable under Section-304B of Indian Penal Code (hereinafter referred to as I.P.C.) and sentenced to undergo rigorous imprisonment for life. The period of custody has been ordered to be treated as period of sentence served.
2. Heard Mr. Ajay Kumar Thakur, learned counsel for the appellant assisted by Mr. Shivam and learned APP Mr. Sujit Kumar Singh for the respondent-State.
3. The prosecution story, in brief, is as under:—
“As per the F.I.R. lodged by the informant father on 17.09.2009, the daughter of the informant was married on 23.11.2005 with Rajeev Ranjan, younger son of Lakshman Ram, resident of Khajekala. After 15-20 days of the marriage, a dowry demand of Rs.2,00,000/- was made from his daughter by her father-in-law (L
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
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 demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
The main legal point established in the judgment is that the prosecution must prove the allegations beyond reasonable doubt, and in this case, the evidence did not establish the guilt of the accused ....
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
The prosecution must prove all the required elements for dowry death under Section 304-B of the Penal Code beyond reasonable doubt, including the unnatural nature of the death.
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