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ASHUTOSH KUMAR, JITENDRA KUMAR
Mohini Devi, wife of Deo Narain Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Ashutosh Kumar, J.)
We have heard Mr. Ajay Mukherjee, the learned Advocate for the appellants and Mr. Abhimanyu Sharma, the learned APP for the State.
2. The appellants, who are the mother-in-law and the husband of the deceased, have been convicted under Section 304-B/34 of the Indian Penal Code vide judgment dated 18.07.2018 passed by learned FTC-I, Banka and by the order of the same date, they have been sentenced to undergo RI for life.
3. The mother of the deceased/ Radhiya Devi(PW-6) has lodged the fardbeyan on 23.04.2012 alleging that her daughter/ deceased was married to appellant No. 2 three years ago. However, she was not treated well in her matrimonial home on account of her bad looks and not bringing sufficient dowry. She was tortured and was threatened that appellant No. 2 would be remarried to another person. On 23.04.2012, appellant No. 2 informed the mother/ PW-6 that the deceased had died and that she and the family members should come immediately. On such information, she along with Kamli Devi, Shakuntala Devi, Naresh Yadav and Chaturgun Yadav went to the matrimonial home of the deceased and found her dead on a cot. On enquiry from the neighbourhood, it was
Prosecution must prove essential elements of dowry death, including cruelty or harassment in connection with dowry demands, which was not established in this case.
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....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
Conviction under Section 304B set aside due to lack of evidence for dowry demand; conviction under Section 302 upheld based on established homicide.
The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
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....
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
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