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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Smt. Justice Rajani Dubey, J, Sachin Singh Rajput
Usha Bai Sahu W/o Horilal Sahu – Appellant
Versus
State Of Chhattisgarh Through - Station House Officer, Police Station – Respondent
Judgment :
(Rajani Dubey, J.)
1. Since both the appeals arise out of the common judgment of conviction and order of sentence, therefore, both the appeals are heard together and are being decided by a common order.
2. The present appeals are directed against the judgment of conviction and order of sentence dated 12.03.2020 passed by the learned 3rd Additional Session Judge, Baloda Bazar- Bhatapara (C.G.) in ST No.74/2017, whereby the appellants have been convicted under Sections 498-A /34 and 304-B/34 of IPC and sentenced to undergo RI for 3 years and life imprisonment with default stipulations.
3. The prosecution case, in brief, is that on 23/05/2017, the Police of Police Station, Kasdol received information that Archana Sahu has been burnt from the fire and has been admitted in Community Health Center Kasdol, thereafter Police went there and recorded the dying declaration of the deceased Archana Sahu, wherein she stated that appellants committed maarpeet with her and poured kerosene oil on her and set her ablaze. After investigation, the charge sheet was filed before the Magistrate concerned. After appreciating the oral and documentary evidence available on record, the learned Trial C
The prosecution must prove beyond reasonable doubt that a woman was subjected to cruelty for dowry demand to establish a case of dowry death under IPC Section 304-B.
Dying declarations must be consistent for legal value; inconsistent declarations undermine grounds for conviction under dowry death charges.
The court emphasized the necessity of corroborating dying declarations and established that dowry-related cruelty leading to death constitutes an offence under Section 304B IPC.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
Dowry death – Conviction can be solely recorded on the basis of dying declaration – However, for doing so, court must come to a conclusion that dying declaration is trustworthy, reliable and one whic....
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....
For a conviction under S.304-B, evidence of recent cruelty or harassment is essential; absence of such evidence leads to acquittal.
Conviction under Section 498-A requires clear evidence of cruelty related to dowry demands; a dying declaration indicating accidental death denies such evidence.
The Dying Declaration must be credible and corroborated; in this case, it was deemed unreliable due to contradictions and lack of supporting evidence.
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