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IN THE HIGH COURT OF JUDICATURE AT PATNA
ANSUL
Chandan Kumar @ Mantu, S/O Ram Kishun – Appellant
Versus
State Of Bihar – Respondent
| Table of Content |
|---|
| 1. prosecution alleges dowry demands causing death. (Para 1 , 2) |
| 2. trial involved witness examinations and exhibits. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. prosecution witnesses hostile, allegations vague. (Para 12 , 13 , 14 , 15 , 16) |
| 4. dowry death presumption needs soon-before cruelty. (Para 17 , 18) |
| 5. defence proves natural death over homicide. (Para 19 , 20 , 22) |
| 6. prosecution must prove essentials before presumption. (Para 21) |
| 7. no proximate nexus between demand and death. (Para 23 , 24) |
| 8. appeal allowed, conviction and sentences set aside. (Para 25 , 26 , 27) |
JUDGMENT :
This appeal has been preferred by the appellants for setting aside the impugned judgment of conviction and order of sentence dated 29.12.2010 and 07.01.2011 respectively passed by learned Addl. District & Session Judge, F.T.C. 3rd, Banka in S.T. No. 1302 of 2004 Tr. No. 483 of 2010 arising out of Amarpur P.S. Case No. 16 of 2004, G.R. Case No. 164 of 2004, whereby the concerned Trial Court has convicted the appellants for the offences punishable under Section 304B/34 and sentenced to undergo rigorous imprisonment for a period of 10 years and fine of Rs. 5,000/-. Further the appellants were
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 court established that dowry death under Section 304(B) IPC requires proof of harassment related to dowry demands, with the prosecution bearing the burden of proof beyond reasonable doubt.
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 ....
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.
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 all elements of dowry death beyond reasonable doubt; mere suspicion is insufficient for conviction.
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.
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
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....
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