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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Deepak Bachhad, S/o. Dilip Bachhad – Appellant
Versus
State Of Chhattisgarh, through PS Bhanupratappur – Respondent
Judgment :
Rajani Dubey, J.
1. Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dated 28.2.2008 passed by Additional Sessions Judge (FTC), Bhanupratappur, Distt. North Bastar Kanker in ST No.128/2007 whereby the appellant stands convicted under Section 304B/34 of IPC and sentenced to undergo RI for seven years.
02. Case of the prosecution, in brief, is that on 31.10.2006 at 14:00 hours Chandona, wife of the accused/appellant, committed suicide by hanging herself at her matrimonial house. At the time of incident, accused Deepak and his father Dilip had gone to Sambalpur for carpentry work and his mother Manokhushi to the house of her son-in- law (Damad) with her grand-daughter. When Manokhushi returned she found that Chandona had committed suicide by hanging herself. She informed about the incident to the neighbourers, on which at around 17:30 hours on the same day accused Dilip informed Police Station –Bhanupratappur.
During merg enquiry, inquest over the dead body was performed; the dead body was sent for postmortem; sealed vaginal smear slide and the sari used for hanging were seized. It revealed during enquiry that the acc
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.
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.
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 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 prosecution must prove beyond reasonable doubt the essential ingredients of dowry death, including evidence of cruelty or harassment in connection with dowry demands.
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....
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.
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
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