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PUSHPENDRA SINGH BHATI
Dashrath S/o Shri Govardhan Bheel (Gameti) – Appellant
Versus
State, Through P. p. – Respondent
JUDGMENT :
1. This Criminal Appeal under Section 374(2) Cr.P.C. has been preferred with the following prayer:-
1.1 Vide the impugned judgment dated 19.08.2019, the accused-appellant was convicted for the offences under Sections 498-A and 304-B IPC; for the offence under Section 498-A IPC, he was sentenced to undergo three years simple imprisonment and a fine of Rs.2,000/-, in default of payment of which, he was to undergo further 15 days simple imprisonment and; for the offence under Section 304-B IPC, he was sentenced to undergo ten years simple imprisonment; both the sentences were order to run concurrently.
2. Brief facts of this case as placed before this Court by the learned counsel for the accused-appellant are that a complaint was filed before the learned Chief Judicial Magistrate, Rajsamand by one Lala Ram (complainant) on 28.10.2015, alleging therein that his daughter, who passed away on 14
The absence of evidence supporting a dowry demand negates the conviction under Section 498A unless proven that conduct resulted in cruelty independent of such demands.
The prosecution must prove all essential elements of dowry death and cruelty beyond a reasonable doubt; failure to do so results in acquittal.
The main legal point established in the judgment is that while the appellant was found guilty of the offence under section 498A of the IPC, there was no evidence of positive action by the accused lea....
The prosecution must establish the elements of dowry death and the rebuttable nature of the presumption under Section 113B of the Evidence Act in cases involving dowry-related offenses.
The court clarified that the essential elements of cruelty and its connection to dowry demands must be proven to establish guilt under Sections 304B and 498A of the IPC.
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
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