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JOYMALYA BAGCHI, AJAY KUMAR GUPTA
Urubala Karmakar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Joymalya Bagchi, J.
1. Appeal is directed against the judgment and order dated 12.01.2011 passed by the learned Additional Sessions Judge, FTC No.4, Raghunathpur, Purulia in Sessions Trial No.8(12)06 arising out of Sessions Case No.449 of 2006 convicting the appellants for commission of offence punishable under Sections 304B/34 of the Indian Penal Code and Sections 498A/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act and sentencing them to suffer rigorous imprisonment for life in respect of charge under Section 304B/34 of the Indian Penal Code. No separate sentence was awarded in respect of offence under Sections 498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
2. Prosecution case runs as follows:-
Bijoy Karmakar was married to Sonali on 28th Ashar 1411 BS according to Hindu rites and customs. At the time of marriage Rs.75,000/- including gold and silver ornaments, furniture etc. were given to the bridegroom party. Sonali started residing at the matrimonial home. One year and eight months later she gave birth to a daughter. After giving birth to the daughter, her husband Bijoy and other in-laws in
In cases of dowry death, the prosecution must prove the demand of dowry and torture of the wife by the husband or his relatives. The death must be shown to be homicidal, and the foundational facts at....
The main legal point established in the judgment is the interpretation of dowry demand under the Dowry Prohibition Act and its application to establish guilt in cases of cruelty and unnatural death.
The central legal point established in the judgment is the interpretation and application of the provisions of Section 304-B of the IPC and Section 113-B of the Indian Evidence Act in establishing th....
The main legal point established in the judgment is the reliance on consistent evidence and statutory presumption to establish the link between torture and suicide, and the court's emphasis on the la....
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry shortly before her death to establish a case under Section 304B IPC.
The main legal point established in the judgment is that the accused can be convicted under Section 304B IPC and Section 3/4 of the Dowry Prohibition Act if the prosecution proves that the deceased w....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
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