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ARUN DEV CHOUDHURY
Ratan Deb Nath, S/o. Late Jogeshwer Deb Nath – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. Heard Mr. H.I. Choudhury, learned counsel for the appellant and Mr. R.R. Kaushik, learned Addl. PP, appearing for the State of Assam.
2. The present appeal is directed against the judgment and conviction dated 09.05.2011 passed by the learned Sessions Judge, Hailakandi in Sessions case No.59/2006 under sections 304(B)/34 IPC convicting the accused appellants and sentencing them to suffer rigorous imprisonment for 7 (seven) years each.
3. The prosecution case was launched on the basis of an ejahar dated 16.07.2005 filed by the PW-4 (Sunil Debnath) inter alia alleging that his sister who was found dead with burn injuries in a naked condition and she has been killed by the accused persons named in the FIR.
4. On receipt of the FIR, the officer in charge, Hailakandi PS registered Hailakandi PS Case No.0225/2002 under sections 304 B/34 IPC for investigation. Accordingly, the investigation was conducted and thereafter charge sheet was filed under sections 304 (B)/34 IPC. The accused persons are the husband, brother in law and sister in law of the victim. After investigation, investigating officer laid charge sheet, however, the brother in law was not sent for trial for want of
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry death.
The Court established that dowry death under IPC 304-B requires proof of cruelty related to dowry demands occurring soon before the victim's death.
The prosecution must establish a proximate link between dowry demand and the victim's death under Section 304B IPC; mere suspicion or conjecture is insufficient for conviction.
The court established that in cases of dowry death, the prosecution must demonstrate a proximate link between the cruelty related to dowry demands and the death of the victim, allowing for a presumpt....
Point of law : it was not proper and safe to place reliance on his statement given in examination-in-chief, so as to hold the appellants guilty, particularly when there was no specific mention of any....
The judgment establishes the application of key legal provisions such as Section 304B and 498A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the presumption under Section 113B....
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.
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
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