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ARVIND KUMAR VERMA
Sampat Ram Dewangan S/o Kartik Ram Dewangan – Appellant
Versus
State Of Chhattisgarh – Respondent
JUDGMENT :
This appeal arises out of judgment and order dated 21.12.2020 passed by the First Additional Sessions Judge Balod, District Balod CG in S.T. No.03/2019 convicting the accused/appellants under Section 304-B, 34 IPC and sentencing each of them to undergo RI for 10 years with fine of Rs. 1,000 plus default stipulation.
2. As per prosecution case, marriage of the deceased Shail Kumari was solemnized with the appellant No.3 Teeka Ram on 04.02.2018 according to Hindu rites and customs. Appellant No.1 & 2 are the father-in-law and mother-in-law of the deceased. It is alleged that the accused/appellants subjected her with cruelty for bringing less dowry. On several occasions, assurance was given by the father of the deceased that the accused family would not harass her in future but subsequently, she was subjected to harassment for demand of motorcycle, washing machine, sewing machine and refrigerator. She was also harassed for not cooking food properly and ultimately on 23.06.2018, after pouring kerosene oil, she set herself ablaze and died. Information was sent to police station Gurur vide merg No. 51/2018. Panchnama Ex.P-2 was prepared after giving notice Ex.P-1, dead body was
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 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.
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 central legal point established is the application of Section 304B of IPC and Section 113-B of the Evidence Act in cases of dowry death, emphasizing the need for proximity between cruelty/harassm....
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Section 304B of the IPC; failure to ....
Point of law : Dowry death - Conviction set aside - Articles, said to be demanded, are not such for which present appellants can be direct beneficiaries. Moreover, evidence on the above point is not ....
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.
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....
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.
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