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SANDEEP KUMAR
Anup Kumar – Appellant
Versus
State of Bihar – Respondent
Sandeep Kumar, J.—Heard the learned counsel for the appellant and the learned APP for the State.
2. This is an appeal against the order and judgment of conviction dated 29.11.2018 and order of sentence dated 30.11.2018 passed by the learned Additional Sessions Judge-VI, Ara, Bhojpur in Sessions Trial No. 334/2013 by which the appellant has been convicted under Section 498A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/- and in default of which further undergo rigorous imprisonment for 15 days and further conviction for offence punishable under Section 304(B) of the Indian Penal Code and sentenced to undergo rigorous imprisonment of seven years and further conviction for offence punishable under Section 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of one year and also pay fine of Rs. 500/- and in default of which further undergo R.I. for 5 days.
3. The prosecution case in brief is that the marriage of the daughter of the informant namely, Prity Devi was solemnized with Anup Kumar (appellant) in the year 2007. After the marriage, she was enjoying her conjugal life but after so
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.
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the cr....
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....
The court affirmed that dowry death and cruelty must be established with evidence of harassment soon before death, shifting the burden to the accused under Section 113-B Evidence Act.
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