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IN THE HIGH COURT OF JUDICATURE AT PATNA
VIPUL M.PANCHOLI, ANSHUMAN
Md. Jamaluddin Khan @ Mohammad Jamaluddin Khan, S/o Aabid Khan – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT :
(ANSHUMAN, 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 03.08.2017 and order of sentence dated 04.08.2017 passed by the court of learned F.T.C.-I, Rohtas at Sasaram in Sessions Trial No. 459/2006, arising out of Sasaram P.S. Case No. 226/2003, corresponding to G.R. No. 780/2003, whereby the appellant/convict has been convicted for commission of the offence punishable under Section-304B of I.P.C. and sentenced to undergo R.I. for life.
2. Heard Mr. Krishna Prasad Singh, learned senior senior counsel for the appellant assisted by Mrs. Meena Singh, and Mr. Sujit Kumar Singh, learned A.P.P. for the respondent-State.
Prosecution Case
3. The brief facts leading to the filing of the present appeal are as under:
“The informant namely Sultana Begum gave her fardbeyan on 29.4.2003 at 12.15 hours at S.D.P.O. Office Sasaram stating therein that informant had solemnized the marriage of her daughter Roshan @ Ruksana Begum with Mohd. Jamaluddin on 17.12.02 in accordance with Muslim rites and rituals and, as per her capacity, she gave Dan Dahej and did Bidai
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
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 prosecution must prove beyond reasonable doubt the occurrence of cruelty or harassment for dowry demands soon before a woman's death to establish guilt under Section 304-B IPC.
The court upheld conviction for dowry death, emphasizing that evidence of torture and demand for dowry proven leads to presumption of causation under relevant legal provisions.
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.
For conviction under dowry death, the prosecution must establish a demand for dowry and harassment, alongside the death occurring within seven years of marriage, allowing for a presumption under Sect....
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