Back
SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Jaiprakash Sahu S/o Bhandari Ram Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Rakesh Mohan Pandey. J.
1. This Criminal Appeal under Section 374(2) of the Cr.P.C. has been filed against the impugned judgment of conviction and order of sentence dated 06.01.2012 passed in Sessions Trial No. 25/2010 by the learned Ist Additional Sessions Judge, Manendragarh, Baikunthpur, District Koriya (C.G.) whereby the learned trial court has convicted appellant No. 1 & 2 herein for the offence punishable under Section 304-B and 498-A of the I.P.C. and sentenced each of them under Section 304-B to undergo rigorous imprisonment for life, whereas no separate sentence has been awarded under Section 498-A of the I.P.C.
2. In Sessions Trial No. 25/2010, there were three accused persons including appellants herein. During the pendency of the trial, accused No.3 namely Kailashiya Bai @ Kailash, who was motherin- law of deceased - Devwati and wife of appellant No. 2, expired and thus, her name was deleted.
3. As per the prosecution story, marriage of appellant No.1 Jaiprakash Sahu and Devwati (deceased) was solemnized about 4 years prior to date of incident and there is one issue out of their wedlock. Appellant No.2 Bhandari Ram Sahu is father-in-law of the deceased. On 16.10.
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.
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.
(1) Dowry death – “Soon before” cannot be interpreted to mean “immediately before”, rather prosecution has to show that there existed a “proximate and live link” between cruelty and consequential dea....
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....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
