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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Yogesh Kosle, S/o. Adhar Das Koslae – Appellant
Versus
State Of Chhattisgarh through Station House Officer – Respondent
| Table of Content |
|---|
| 1. background facts surrounding the incident (Para 3 , 4 , 5) |
| 2. arguments regarding lack of evidence for dowry demand (Para 9 , 10 , 11 , 12) |
| 3. prosecution's evidence supports conviction (Para 13 , 14 , 15) |
| 4. affirmation of conviction based on evidence (Para 29 , 34 , 35) |
| 5. consideration of age and humanitarian factors in sentencing (Para 37 , 38) |
JUDGMENT :
Narendra Kumar Vyas, J.
1. Since both the appeals are arising out of the same crime number and are related to the same offence, therefore, they are heard analogously and are being disposed of by this common order.
2. These criminal appeals have been preferred by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 28.02.2005 passed by Eight Additional Sessions Judge (FTC) Bilaspur (CG) in Sessions Case No. 364 of 2003, respectively, whereby the appellants have been convicted and sentenced in the following manner:-
3. Brief facts giving rise to case as unfolds from the documents available on record are that on 06.11.2002 merg intimation No. 54 and 55 of 2002 under Section 174 CrPC was made by point man of Railway namely Baisakhu, sta
The court affirmed that demand for dowry and harassment must be proven as significant factors in determining the conviction for dowry death under IPC Section 304-B.
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 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....
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....
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.
In cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so ....
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....
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 ....
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
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