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SUSMITA PHUKAN KHAUND
Raben Kalita, S/o. Late Gurcharan Kalita – Appellant
Versus
State of Assam, Represented by its Public Prosecutor – Respondent
JUDGMENT :
Susmita Phukan Khaund, J.
This appeal is directed against the Judgment and order dated 11.09.2012, passed by the learned Additional Sessions Judge (FTC) Bongaigaon, in connection with Sessions Case No. 87 (J) of 2009, convicting Sri Raben Kalita under Section 304-B of the Indian Penal Code, 1860 (IPC, for short), and sentencing him to undergo Rigorous Imprisonment for 7 years.
2. Sri Raben Kalita will hereinafter be referred to as the appellant. Sri Bhubaneswar Mazumdar (hereinafter referred to as the informant), lodged the FIR on 16.12.2003, that the victim’s (also referred to as Jonali or deceased) marriage was solemnized with the appellant in the Assamese month of Ahar. From the threshold of her marriage, the victim was subjected to cruelty as she failed to meet the illegal demand of dowry of the appellant and his family members, including the appellant’s elder brother Mahendra Kalita, uncle Jatin Mahanta and his wife Bina Mahanta. The victim’s mother-in-law Kamala Kalita assaulted the victim and threatened to pour acid over the victim. The victim’s uncle (Peha) had to pay Rs. 10,000/- as the victim was sent to him to fetch the money by the appellant and his family membe
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.
Section 113 B of Indian Evidence Act, 1872 deals with a presumption as to dowry 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....
The essential ingredient for dowry death under Section 304B requires proof of cruelty or harassment by the husband or relatives shortly before the woman's death, which was not established in this cas....
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....
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....
A conviction under IPC Sections 498-A and 304-B requires clear evidence of a direct link between cruelty and the death, which was not proven in this case.
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