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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 :
RAJIV ROY, J.
1. Heard Mr. Vishesh Kumar Singh, Amicus Curiae for the appellant and Mr. Anand Mohan Mehta for the State.
2. The present appeal has been preferred: “against the order of conviction dated 17.02.2004 under section 3/4 of the Dowry Prohibition Act and under section 304(B)/34 and 201 of IPC and order of sentence dated 19.2.04 passed in Sessions Case No. 362/1994 (Tr. No.109/02,G.R. 1766/1991, Dharahara P.S. Case No.121/1991) by Sri Paras Nath Sinha, Presiding Officer, Additional Fast Track Court, Munger, whereby and whereunder appellant has been held guilty for the offence under section 3/4 of the and under section 304(B)/34 and 201 of the IPC and has been sentenced to suffer R.I. for ten
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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