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MALASRI NANDI
Uttam Sutradhar, S/o. Sri Bhabesh Sutradhar – Appellant
Versus
State of Assam – Respondent
Heard Mr. A. Bhattacharya, learned Legal Aid counsel for the appellant. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor, Assam.
2. This appeal has been preferred by the accused appellant from jail against the judgment and order dated 24.05.2019 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 128/2014 whereby the accused appellant was convicted and sentenced to undergo rigorous imprisonment for ten years with fine of Rs.20,000/- in default of payment of fine, to undergo simple imprisonment for six months under Section 304B IPC.
3. The brief facts of the case is that the informant, who is the brother of the deceased lodged an FIR on 09.04.2009 before the officer in-charge, Barpeta road police station stating inter alia that it has been more than seven years since the marriage of his younger sister Lakhi Saha (Sutradhar) with the appellant Uttam Kumar Sutradhar, the appellant used to torture his sister in various ways by demanding dowry articles since their marriage. On 08.04.2009, at about 9.30 pm, the appellant along with his family members poured kerosene oil on his younger sister and set fire to her inside the room of the appellant and locked the
The judgment establishes that the presumption of guilt under Section 113-B of the Evidence Act applies when the prosecution proves the essential elements of dowry death under Section 304(B) IPC, shif....
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.
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry death.
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....
The prosecution must prove beyond reasonable doubt the elements of cruelty or harassment in connection with dowry to establish a case under Section 304B IPC; mere suspicion is insufficient for convic....
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 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....
The conviction for dowry death requires proof of harassment and demand for dowry preceding the death, establishing a presumption that the accused caused the death, which is rebuttable by the defense.
The importance of reliable evidence, including dying declarations, and the fatal nature of the delay in lodging the FIR in establishing charges of cruelty and dowry death.
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