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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
State of Chhattigarh – Appellant
Versus
Rajendra Kumar Yadav, S/o Radheshyam Yadav – Respondent
JUDGMENT :
Per Goutam Bhaduri, J.
1. The present appeal is against the judgment dated 02.07.2013 passed by the Additional Sessions Judge, F.T.C., Janjgir, District - Janjgir-Champa, Chhattisgarh in Sessions Trial No.181/2012, whereby the respondent-accused has been acquitted of the charges under Sections 498-A, 306, 304-B of the Indian Penal Code, 1860 (in short ‘the IPC’).
2. Case of the prosecution, in brief, is that the deceased Sangita was the wife of respondent – Rajendra Kumar Yadav. They were married on 12.05.2011 and the wife died in unnatural circumstances on 04.06.2012 by hanging which led to attraction of ingredients of Section 304-B of the IPC and according to the statement of the prosecution which was collected during the investigation, it reveals that the deceased was subjected to cruelty for demand of dowry and she died unnatural death within seven years of her marriage. Prosecution case further states that the demand was made of motorcycle and Rs.50,000/-. Consequently, the wife of the respondent eliminated herself in abnormal circumstances and that being unnatural death, the case was registered. The charge-sheet having been filed, the respondent abjured his guilt. The
The prosecution must prove cruelty or harassment for dowry demand to establish charges under Sections 498-A and 304-B IPC; failure to do so results in acquittal.
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 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.
To convict under Section 304B IPC, evidence of specific instances of cruelty or harassment connected with dowry demands must be established; otherwise, lesser offences may be considered.
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.
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death to establish a case under Section 304B IPC.
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
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