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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU
Deepak Kumar Rathore S/o Shri Durgaprasad Rathore – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, J.
1. This appeal filed by the appellants, who are husband, mother-in-law and nana sasur of Pranjal Rathore (since deceased), is directed against the judgment of conviction and order of sentence dated 22/09/2022 passed by the learned Fifth Additional Sessions Judge, Biilaspur, District: Bilaspur, C.G. in S.T. No.48/2021 whereby the appellants have been sentence and convicted as under:-
| Conviction | Sentence |
| Under Section 302/34 of the IPC | R.I. for life and fine amount of Rs.1000/- in default of payment of fine amount, further R.I. for 100 days |
| Under Section 304-B/34 of the IPC | R.I. for 07 years and fine amount of Rs.100/-, in default of payment of fine amount, further R.I. for 10 days |
The sentences were directed to run concurrently
2. As per the order of this Court dated 10/11/2023, the Appellant No.3 - Manharan Lal Rathore has died during the pendency of this appeal and accordingly, the present appeal in his respect was abated. Thus, we are dealing with the appeal only in respect of A1 (husband) and A2 (mother-in-law).
3. Facts of the case, in brief, is that on 26.10.2020, PW6-Dilip Rathore, brother of A-1 and son of A-2 lodged merg intimation that on 26.10.2020, at ar
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....
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 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 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 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....
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.
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 clarified that a conviction under Section 304B for dowry death does not substitute for a murder charge under Section 302, emphasizing the need for distinct evidence for each charge.
The prosecution must prove all essential elements of dowry death under Section 304-B IPC; failure to do so results in acquittal, regardless of marriage validity.
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