Back
VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Anil Kumar Mahto, S/o. Late Rajendra Mahto – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Vipul M. Pancholi, J.)
The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Code’) challenging the judgment of conviction dated 25.07.2018 and order of sentence dated 30.07.2018 passed by learned Additional Sessions Judge-VI, Madhubani in Sessions Trial No. 289 of 2017 arising out of Jaynagar P.S. Case No. 186 of 2014, G.R. No. 3018/14, whereby the concerned Trial Court has convicted the present appellant for the offences punishable under Section 304B of the I.P.C. and sentenced him for life imprisonment.
2. The prosecution case, in brief, is as under:-
2.1. The daughter of the informant Ganga Mahto, namely Rani Devi, was married with the accused Anil Kumar Mahto four years prior to the occurrence. After marriage, Rani Devi has begotten a son of three years, namely Shubham Kumar, and a daughter of fifteen months, namely Shristhi, at the time of occurrence. After marriage, the accused Anil Kumar Mahto started demanding a heavy amount as dowry and the informant from time to time provided the amount according to his financial capacity. Earlier before ten or fifteen days of the occurrence, the accused Anil Ku
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 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.
The main legal point established in the judgment is that the prosecution must prove that the deceased was subjected to cruelty and harassment for or in connection with the demand of dowry, leading to....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
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....
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....
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
Dowry death – Conviction confirmed - Prosecution has been successful to prove this fact that death of deceased took place in matrimonial house within 7 years of marriage was unnatural - Soon before d....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
