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SUSMITA PHUKAN KHAUND
Md. Abul Kalam Sk. , S/O- Md. Moksed Ali – Appellant
Versus
State Of Assam And Anr. Rep. by P. P. – Respondent
JUDGMENT :
HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
1. Heard Mr. B.D. Konwar, learned Senior Counsel for the petitioner assisted by Ms. V.V. Thanyu. Heard Mr. M.P. Goswami, learned Additional Public Prosecutor representing the State respondent no. 1 and Mr. A.T. Sarkar, learned counsel for the respondent no. 2/informant.
2. In appeal, the appellant has challenged the judgment and order dated 27.11.2020 passed in Sessions case No. 139/2017 by the learned Sessions Judge, Dhubri, whereby the learned Judge convicted Abdul Kalam Sk. (hereinafter referred to as the appellant or the accused) for the offence under Section 304(B) of the Indian Penal Code, 1860 (IPC for short) and sentenced him to undergo rigorous imprisonment for ten years. The period of custodial sentence is set off with the period of detention of the appellant during investigation as well as trial.
3. The genesis of the case was that the appellant was married to Minara Khatun on 05.02.2014 and their marriage was registered on the same day. Two months after their marriage the appellant and his family members subjected Minara Khatun (hereinafter also referred to as the deceased or the victim) to cruelty to meet their illegal
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 court upheld the conviction for dowry death under Section 304B IPC, establishing that harassment related to dowry demands occurred shortly before the victim's death, which was unnatural and withi....
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....
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
The main legal point established in the judgment is the reliance on uncontradicted evidence of witnesses to establish the demand of dowry, cruelty, and the circumstances leading to the victim's suici....
The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
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