Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Surya Prakash, son of Om Prakash Gupta @ Bhola – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard Mr. Ramakant Sharma, learned Senior Advocate duly assisted by Mr. Rajesh Kumar, learned counsel for the appellant/convict, Mrs. Anita Kumari Singh, learned counsel for the State duly assisted by Mr. Anant Kumar Mishra, learned counsel for the informant.
2. This appeal has been filed by appellant/convict against judgment of conviction dated 06.05.2023 and order of sentence dated 11.05.2023 rendered by learned Additional Sessions Judge-VI, Danapur, Patna in connection with Session Trial No. 810/2019 arising out of Naubatpur P.S. Case No. 622 of 2018 (G.R. No. 220/2019), whereby and whereunder the appellant has been convicted under Section 304B of the Indian Penal Code and sentenced to undergo rigorous imprisonment of seven (7) years.
3. The crux of prosecution case as springs through written information of informant namely, Sajivan Sao (PW- 4) is that his daughter (deceased) was married to one Surya Prakash (the husband/appellant) as per Hindu rites and rituals on 30.05.2015. The informant stated that the husband of his daughter and other in-laws were regularly tortured her on the pretext of demand of dowry and was threatened to kill. On 31.12.201
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.
Prosecution must prove unnatural death within seven years of marriage and cruelty/harassment for dowry 'soon before' death beyond reasonable doubt to invoke dowry death presumption; general allegatio....
The prosecution must prove beyond reasonable doubt the elements of cruelty or harassment in connection with dowry to establish a case under Section 304B IPC; mere suspicion is insufficient for convic....
Prosecution must prove that a woman's death occurred due to dowry-related cruelty or harassment soon before death for Section 304-B IPC to apply; lack of evidence leads to acquittal.
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....
Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insuffic....
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Section 304B of the IPC; failure to ....
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....
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
