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IN THE HIGH COURT OF JUDICATURE AT PATNA
ALOK KUMAR PANDEY
Md. Hasib S/O Azharuddin @ Md. Ajaruddin – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
Alok Kumar Pandey, J.
At the outset, learned counsel for the appellant has not pressed the prayer for suspension of sentence and grant of bail. Accordingly, the said prayer stands disposed as not pressed.
2. The present appeal has been directed against the judgment of conviction dated 14.05.2025 and order of sentence dated 22.05.2025 passed by learned District and Additional Sessions Judge – XIII, Muzaffarpur in Sessions Trial No. 259 of 2019 arising out of Kathaiya P.S. Case No. 189 of 2018 whereby and whereunder the appellant has been convicted for the offence punishable under Section 304(B) of the IPC and has been sentenced to undergo rigorous imprisonment for ten years along with fine of rupees ten thousand (Rs. 10,000/-) for the said offence. In case of default in payment of fine, appellant has to further undergo simple imprisonment for two months.
3. According to fardbeyan of informant (PW-5), the prosecution case, in brief, is that marriage of informant’s daughter was solemnized with the appellant on 28.03.2014. The deceased and appellant were blessed with a daughter. It is alleged that after six months of marriage, appellant and others are said to have demanded dowry
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
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....
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.
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
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