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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Jitendra Gupta S/o Ramdhayan Gupta – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAJANI DUBEY, J.
1. The present appeal is directed against the judgment of conviction and order of sentence dated 08.08.2019 passed by the learned 3rd Additional Session Judge, Raipur (C.G.) in ST No. 216/2018, whereby the appellant has been convicted under Sections 302 and 498-A of IPC and sentenced to undergo life imprisonment with fine of Rs.2000/- and RI for 3 years with fine of Rs.500/- respectively, with default stipulations.
2. The prosecution case, in brief, is that on 13.02.2018 at about 11 am, the deceased Ritu Gupta consumed poison due to harassment and cruelty by the appellant and his family members for demand of dowry. She was hospitalized but died on the next day on 14.02.2018. She died within 7 years of her marriage with the appellant. After investigation police registered case against the accused and he was arrested and charge sheet was filed before the Magistrate concerned. On the basis of the evidence adduced by the prosecution and material available on record, learned trial court convicted the accused/appellant, as mentioned in para 1 of the judgment.
3. Learned counsel for the appellant submits that the judgment passed by the learned Trial Court is contra
The prosecution failed to prove the charges of murder and dowry death beyond reasonable doubt, leading to acquittal under Sections 302 and 498-A of 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 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.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
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 court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
The prosecution established that the accused subjected the deceased to continuous harassment for dowry, leading to her suicide within seven years of marriage, warranting conviction under Section 304-....
The judgment establishes the application of statutory provisions related to dowry death, matrimonial cruelty, and burden of proof under the Evidence Act.
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....
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