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SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Chandra Bahadur S/o Raj Bahadur Sharma – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
SANJAY K. AGRAWAL, J.
1. This criminal appeal under Section 374(2) of the Cr.P.C. has been preferred by the appellant herein calling in question the correctness of the impugned judgment of conviction and order of sentence dated 26.06.2014 passed by the learned Second Additional Sessions Judge, Manendragarh, District Korea (C.G.), in Sessions Trial No. 108/2012 by which appellant herein has been convicted for offence under Section 304-B of the IPC and sentence to undergo for imprisonment for life.
2. Case of the prosecution, in brief, is that on 30.05.2012 at 8:00 pm the appellant and three other co-accused persons (acquitted by order dated 30.09.2021) demanded dowry and harassed deceased Saraswati by which she committed suicide by pouring kerosene oil on her body and set herself ablaze and thereby, appellant committed the aforesaid offence.
3. Further case of the prosecution, in brief, is that marriage of deceased Saraswati was solemnized with appellant herein on 07.05.2008 and immediately, after marriage appellant herein and three co-accused persons started demanding dowry and soon before the death of deceased Saraswati, the appellant and other accused persons demanded one
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.
The court emphasized the need for strict construction of penal provisions and the requirement of extraordinary reasons to award life imprisonment under Section 304B of the IPC.
The court upheld conviction for dowry death, emphasizing that evidence of torture and demand for dowry proven leads to presumption of causation under relevant legal provisions.
The judgment established the need for a proximate and live link between dowry harassment and the woman's death, and emphasized the statutory presumption of dowry death under Section 113-B of the Evid....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
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