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RAJIV ROY
Md. Islam @ Phul Babu – Appellant
Versus
State of Bihar – Respondent
Rajiv Roy, J.—Heard Mr. Bimlesh Kumar Pandey, learned counsel for the sole appellant and Mr. Bal Mukund Prasad Sinha, learned APP.
2. The present appeal has been preferred against the judgment and order dated 06.11.2023/09.11.2023 passed by learned Additional Sessions Judge-13, East Champaran, Motihari by which while exonerating the other accused persons of the charges, the appellant, Md. Islam @ Phul Babu has been convicted under Section 304(B) of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 years with a further direction to that the period already undergone by the convict shall be set off from the period of sentence.
3. Earlier the appeal was admitted on 29.01.2024 by the Co-ordinate Bench and the Trial Court Record was called for which has now been received.
4. As per the prosecution story, the informant, the father of the victim (PW 4) alleged that on 14.01.2013, he received telephonic information about the killing of his daughter, Afsana Khatoon by the in-laws. On receipt of such information, when he along with his son, Md. Saddam and a co-villager went to the matrimonial home, none of the accused persons were present and the villagers informed that
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.
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
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 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.
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 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....
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