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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
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 convicted under Section 201/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and in default of payment of fine further sentence of six months. Both the sentences shall run concurrently.
2. The brief case of the prosecution is that the daughter of the informant Sadhana Kumari was married to the Appellant No. 1 (Chandan Kumar alias Mantu) on 11.05.2003 and at the time of marriage his daughter went to her sasural with articles including ornaments and furniture etc. After one week her daughter came to her Mayaka Narayanpur. The accused Chanda
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 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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