IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Uday Bharti, S/o. Bitthal Bharti – Appellant
Versus
State of Chhattisgarh, Through Police Station – Balodabazar, Raipur (C.G.) – Respondent
Judgment :
Rajani Dubey, J.
1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 29.10.2007 passed in Session Trial No. 73/2007, whereby the learned Additional Sessions Judge, Balodabazar, District Raipur (C.G.) has convicted and sentenced the appellant as under :-

2. Admitted facts of the case is that marriage of present accused/appellant Uday Bharti was solemnized with deceased Seema and they were living as husband & other acquitted accused persons namely Rampyari and Shanta Bharti were mother and brother of accused/appellant Uday Bharti, respectively.
3. The prosecution story leading to conviction of the accused/appellant is that accused/appellant and his deceased wife Seema were living in a rented house in Balodabazar. On the date of incident, accused/appellant Uday Bharti had gone out for work and when he came at morning after completing his work, he saw that his wife Seema was hanging with noose and she was died. Thereafter, the accused/appellant informed the incident to his landlord, then his landlord Krishna Kumar lodged the merg intimation in police station Balodabazar vide Ex.P-11. The incident was also informed to the parents fo
The State of Uttarakhand Vs. Sanjay Ram Tamta @ Sanju @ Prem Prakash
Charges under IPC Sections 498-A and 304-B were not proven as the prosecution failed to establish evidence of cruelty or harassment related to dowry shortly before the deceased's death.
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.
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....
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry shortly before her death to establish a case under Section 304B IPC.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
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 judgment emphasizes the need for evidence to prove cruelty and harassment for a dowry demand, and highlights the importance of material witnesses in establishing the prosecution's case.
To convict under Section 304-B IPC, the prosecution must prove the deceased was subjected to cruelty for dowry shortly before death, which was not established in this case.
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
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