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TIRTHANKAR GHOSH
Suman Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. The present appeal has been preferred against the judgment and order of conviction and sentence dated 12.01.2021 passed by the Learned Additional District and Sessions Judge, Fast Track Court, Rampurhat, Birbhum in connection with Sessions Trial No. 13/February/2017 arising out of Sessions Case No. 65/2016, wherein the learned trial Court was pleased to convict the appellants namely, Suman Mondal, Urmila Mondal and Biswanath Mondal under Section 304B/498A of the Indian Penal Code. The learned Trial Court thereafter was pleased to impose sentence as follows:
(ii) Rigorous Imprisonment for 2 years and fine of Rs.5,000/-in default to suffer Rigorous Imprisonment for 2 months for committing offence under Section 498A of the Indian Penal Code.
2. The genesis of the present case was on the basis of a letter of complaint filed by Ajay Sahu, son of Nandadulal Sahu with the Officer-in-charge, Mayureswar P.S., Birbhum on 08.06.2015 pursuant to which Mayureswar PS case no. 137/15 was registered for investigation under Section 498A/304B/306/34 of the Indian Penal
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....
Conviction under IPC Sections 498A and 304B requires clear evidence of cruelty or harassment linked to dowry demands, which was absent in this case.
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
The essential ingredients for a conviction under Section 304-B of the IPC must be clearly established, including evidence of cruelty or harassment in connection with dowry demands shortly before the ....
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The prosecution must establish the essential elements of the offence under Section 304-B of the Indian Penal Code, including the demand of dowry, torture, and cruelty by the accused, to secure a conv....
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