CHANDRA SHEKHAR JHA
Vijay Tanti @ Bijay Tanti@ Bijay Tanti – Appellant
Versus
State of Bihar – Respondent
Chandra Shekhar Jha, J.
In compliance of order dated 30.1.2025, the Senior Superintendent of Police, Bhagalpur has sent a report to this Court through Letter No. 195, which speaks that the appellant no.3 namely, Bisulia Devi, wife of Bhushan Tanti had died, whereas other appellants are alive and, therefore, the present appeal stands abated against appellant no.3 Bisulia Devi (in Cr. Appeal (SJ) No.574 of 2004).
2. Now, the present appeals survive against appellants Vijay Tanti @ Bijay Tanti, Shambhu Tanti, Kanhai Tanti (in Cr. Appeal (SJ) No.518 of 2004), Munna Tanti and Bhushan Tanti (in Cr. Appeal (SJ) No.574 of 2004).
3. As learned counsel appearing for respective appellants/convicts has failed to appear repeatedly when this matter was taken on Board for final hearing, therefore, this Court appointed Mr. Abhas Chandra, learned Advocate as an Amicus Curiae to assist in disposal of appeals.
4. Both appeals have been preferred by the respective appellants-convict under Section 374(2) of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the impugned judgment of conviction and order of sentence dated 08.07.2004 passed by learned 3rd Additional Sessions Judge,
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 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.
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....
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.
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....
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.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.