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RAJANI DUBEY
Lakeshwar Sahu, S/o Manglu Sahu – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal under Section 374(2) of Code of Criminal Procedure has been filed against the the judgment of conviction and order of sentence dated 10.03.2003 passed by II Additional Sessions Judge, Baloda Bazar, District- Raipur (C.G.) in Sessions Trial No. 371/2002 whereby, the trial Court has convicted the appellants and sentenced them as under:-
| Conviction | Sentence |
| U/s 498-A of IPC | R.I. for 2 years with fine of Rs.500/- and in default of payment of fine, additional R.I. for 3 months |
| U/s 304-B of IPC | R.I. for 7 years |
2. Vide order dated 22.08.2023 passed by this Court, the instant appeal stands abated in respect of Appellant No.3- Sadhaeemati as she died on 26.07.2009. Hence, the instant appeal is being prosecuted on behalf of appellant No. 1- Lakeshwar Sahu, appellant No.2- Jagjivan Sahu & appellant No.4- Khikh Bai.
3. Case of the prosecution is that on 02.08.2002, merg intimation with regard to death of his daughter-in-law was lodged by the accused/appellant No.1- Lakeshwar sahu to the police station-Sarsinwa. The Merg No. 20/2002 (Ex.P/10) was registered wherein the complainant stated that on the date of i
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....
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.
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....
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
The essential ingredient for dowry death under Section 304B requires proof of cruelty or harassment by the husband or relatives shortly before the woman's death, which was not established in this cas....
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.
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