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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJIV ROY
Baleshwar Pandit – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. background of marriage and subsequent events leading to death (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. witness testimonies on dowry demands and death details (Para 11 , 12 , 13 , 18 , 19) |
| 3. defence claims and family member's involvement in fir (Para 29 , 34 , 35) |
| 4. trial court's conclusion on accused's conviction (Para 40 , 41) |
| 5. overturning of conviction due to lack of evidence (Para 61) |
| 6. final orders regarding the legal status of the appellant (Para 62 , 63 , 64) |
JUDGMENT :
1. Heard Mr. Vishesh Kumar Singh, Amicus Curiae for the appellant and Mr. Anand Mohan Mehta for the State.
3. The sole appellant has been convicted under Sections 3/4 of the Dowry Prohibition Act as also Section 304 B/34 and 201 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for ten years vide an order dated 17.02.2004 by the presiding officer, Additional Court (Fast Track, Munger).
5. The appellant was married to the informant’s sister Premlata Devi on 06.06.1987 and the second marriage ceremony (Dwiagman) took place on 10.05.1989. However, she was tortured for dowry of Rs. 20,000/- immediately after the second marriage as a result she was brought to the parents’ home.
7.
Prosecution must establish allegations of dowry death beyond reasonable doubt; inconsistencies and unjustified delays lead to acquittal.
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 guilt of the accused must be proved beyond reasonable doubt, and in the presence of doubt about the credibility of the case of the prosecution, the benefit of the doubt must be given to the appel....
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304B and 498A IPC.
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 Sections 304-B and 498-A IPC.
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