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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY S.AGRAWAL, RADHAKISHAN AGRAWAL
Tuneshwar Lodhi S/o Prem Lodhi Rajput – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. CRA No.365/2014:- This criminal appeal preferred by the appellants/accused persons herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 29.03.2014 passed in Sessions Trial No.21/2013 by the Additional Sessions Judge, Bemetara, District Bemetara, C.G. whereby the appellants have been convicted for the offence under Section 498-A read with Section 34 of Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for three months to each appellant.
2. ACQA No.141/2014:- This acquittal appeal preferred by the Appellant/complainant arises out of the same judgment dated 29.03.2014 passed by the Additional Sessions Judge, Bemetara, District Bemetara, C.G. in Sessions Trial No.21/2013, whereby the learned trial Court acquitted the accused persons/respondents No.2 & 3 herein of the charge under Section 304-B read with 34 of IPC in alternative Section 302 read with 34 of IPC.
3. Since both the above captioned appeals arise out of the
Conviction under Section 498-A requires clear evidence of cruelty related to dowry demands; a dying declaration indicating accidental death denies such evidence.
The central legal point established in the judgment is the requirement to prove dowry demand for conviction under Section 498-A I.P.C. and the scrutiny of the dying declaration and medical evidence f....
Dying declarations must be consistent for legal value; inconsistent declarations undermine grounds for conviction under dowry death charges.
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 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 prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
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 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.
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