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KALYAN RAI SURANA, MALASRI NANDI
Bikram Bania S/o Late Bhagaban Bania – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
1. Heard Mr. Atal Tiwari, learned amicus curiae for the appellant. Also heard Ms. B. Bhuyan, learned senior counsel and Addl. PP for the State.
2. Aggrieved by the judgment and order of conviction dated 29.09.2018, passed by the learned Sessions Judge, Nalbari in Sessions Case No. 133/2011, the present appeal has been filed by the appellant-convict from District Jail, Nalbari. By the said judgment, the appellant was convicted (i) for committing offence under section 302 IPC and sentenced to life imprisonment for life and to pay a fine of Rs.15,000/- with default stipulation and (ii) also convicted for committing offence under section 304B IPC and sentenced to undergo rigorous imprisonment for 7 (seven) years. It was ordered that both the sentence would run concurrently. Prosecution case, in brief:
3. In brief, the prosecution case is that on 07.01.2008, one Himani Baishya had lodged an ejahar that her daughter had eloped with the appellant about 3 (three) years ago and thereafter, their social marriage was performed. It was alleged that since marriage, the appellant and his mother Jalo Baishya @ Bania had started physical torture on Tulika demanding dowry and on 28.12.2007,
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....
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 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....
A conviction under Section 304-B IPC requires clear evidence of cruelty related to dowry demands shortly before the victim's death, which was not established in this case.
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.
Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insuffic....
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