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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Pradip Roy – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Md. Shabbar Rashidi, J.
1. Both the appeals are taken up together for consideration as they emanate from the one and the same judgment of conviction and order of sentence.
2. The two appeals are directed against the judgment of conviction dated November 29, 2021 and order of sentence dated November 30, 2021 passed by learned Additional Sessions Judge, Bankura in connection with Sessions Trial No. 05 (02) 2017 arising out of Sessions Case No. 09 (11) 2016.
3. By the impugned judgment of conviction and order of sentence, the appellants were convicted for the offences punishable under Sections 498A/304B/34 of the Indian Penal Code. The appellants were sentenced to suffer rigorous imprisonment for two years each and to pay a fine of Rs.25,000/- each and in default of payment of fine to suffer simple imprisonment for another six months for the offence punishable under Sections 498A/34 of the Indian Penal Code. The appellants were also sentenced to suffer rigorous imprisonment for 10 years for the offence punishable under Sections 304B/34 of the Indian Penal Code. Both the sentences were directed to run concurrently. One of the accused facing trial namely Uttam Roy was, however, f
Conviction under IPC Sections 498A and 304B requires clear evidence of cruelty or harassment linked to dowry demands, which was absent in this case.
The central legal point established in the judgment is the requirement for a clear and consistent evidentiary basis to establish guilt in criminal cases, emphasizing the need for conclusive evidence ....
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry death.
Judgment of conviction and order of sentence which is suffering from material irregularity based on erroneous appreciation of evidence, cannot be sustained.
The prosecution must establish a proximate link between dowry demand and the victim's death under Section 304B IPC; mere suspicion or conjecture is insufficient for conviction.
The court established that in cases of dowry death, the prosecution must demonstrate a proximate link between the cruelty related to dowry demands and the death of the victim, allowing for a presumpt....
Criminal Trial - Offence of Demand of Dowry and Murder - Conviction set aside - case of cruelty on demand of dowry and dowry death, close relatives of deceased are best and natural witness because in....
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