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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Parmila Jha, Wife of Lal Jha – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. appeal abates against deceased appellant. (Para 1 , 2) |
| 2. prosecution alleges dowry death; trial convicted appellant. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. no dowry demand soon before death by appellant. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. witnesses lack eyewitness account; doubtful presence evidence. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. no cruelty for dowry soon before death proven. (Para 33 , 34 , 35) |
| 6. 304b requires specific dowry harassment; trial perverse. (Para 36 , 37 , 38) |
| 7. conviction set aside; appellant acquitted on appeal. (Para 39 , 40 , 41 , 42) |
JUDGMENT :
At the outset, it is submitted that appellant no. 1 has died during pendency of present appeal and, therefore, the present appeal stands abated against her.
2. Now this appeal survives only against appellant no. 2, namely, Tannu Jha.
3. The present appeal preferred under section 374(2) of the Code of Criminal Procedure, 1973 (in short the “Cr.P.C.”) by appellant/convict against judgment of conviction and order of sentence dated 03.01.2010 and 08.01.2019 passed by the Presiding Officer, Fast Track Court No-II, Madhubani in Sessions Trial No. 334 of 20
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....
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....
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 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....
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.
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
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