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SUSMITA PHUKAN KHAUND
Dipjyoti Malakar, S/o. Nakul Malakar – Appellant
Versus
State of Assam, Represented by Public Prosecutor, Assam – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
1. Heard Ms. T. Som, learned counsel for the appellants, Ms. B. Sarma, learned Legal Aid Counsel for the respondent No. 2 and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam.
2. This appeal is directed against the Judgment and Order dated 03.07.2023, passed by the learned Sessions Judge, Kamrup, Amingaon, in Sessions Case No. 26/2014, convicting the appellants under Section 304-B of the Indian Penal Code, 1860 (IPC, for short) and sentencing them to undergo Rigorous Imprisonment for 10 years and to pay a fine of Rs. 20,000/- each, with default stipulation.
3. Dipjyoti Malakar and Labanya Malakar will hereinafter be referred to as the appellants or ‘A-1’ and ‘A-2’, respectively.
4. The FIR was lodged on 01.01.2008, by Smt Mina Das (hereafter also referred to as the informant), contending inter alia, that A-1 married her daughter Rubi Das vide registered marriage dated 04.07.2007 and her daughter started her matrimonial life with the appellant, A-1, in his house. At the behest of A-2, the appellant A-1 used to subject her daughter to cruelty to meet their illegal demand of dowry in the form of cash and furniture etc. Both A-
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....
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry death.
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....
Criminal Trial - Offence of Demand of Dowry and Murder - Conviction set aside - case of cruelty on demand of dowry and dowry death, close relatives of deceased are best and natural witness because in....
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....
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.
The judgment established the need for a proximate and live link between dowry harassment and the woman's death, and emphasized the statutory presumption of dowry death under Section 113-B of the Evid....
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.
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