IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Rishabh Nishad, S/o Baisakhu Nishad – Appellant
Versus
State Of Chhattisgarh – Respondent
Judgment :
RAJANI DUBEY, J.
1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 08.05.2007 passed in Session Trial No. 33/2007 whereby the learned Sessions Judge, Raipur, District Raipur (C.G.) has convicted the appellant under Section 304-B of IPC and sentenced him to undergo R.I. for 07 years with fine of Rs.500/-, with default stipulation.
2. Prosecution story, in brief, is that deceased Usha Nishad was married to accused/appellant Rishabh prior to three- four months of the incident. After the marriage, deceased Usha Nishad lived with appellant in her in-laws' house. After a month, when deceased Usha Nishad came to her maternal home with the appellant, she told her cousin Phulu Nishad (PW-7) and her mother (PW-5) that her husband (the appellant) does not like her, drinks alcohol, commit maarpeet and mentally tortures her saying that she had brought less dowry in the marriage. On this, deceased Usha Nishad was made understand by her parents and sent back with the appellant. Thereafter, the appellant started working in a factory in Birgaon and lived there with her wife deceased Usha Nishad in a rented house, but there also the appellant
Prosecution failed to prove essential elements of dowry death under IPC 304-B, leading to the appellant's acquittal.
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 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 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 main legal point established in the judgment is the requirement for the prosecution to establish dowry death through circumstantial evidence, the adverse inference under section 106 of the Indian....
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....
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 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....
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 court ruled that prosecution must prove cruelty or harassment concerning dowry shortly before a woman's death for Section 304B to apply, which was not established in this case.
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