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MANOJ KUMAR GARG
Fuljhari – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 02.07.2016 passed by learned Special Judge, Women Atrocities Cases, Sriganganagar in Sessions Case No. 85/2014 by which the learned Judge convicted the appellant for offence under Section 304B and 498A IPC and sentenced to undergo ten years RI with Rs.5000/-fine, default of payment of fine, to undergo six months RI and two years R.I with fine of Rs. 2000/-, in default of payment of fine to undergo two months R.I respectively.
2. Succinctly stated, the fact of the case are that the complainant Sanjay Kumar lodged a written report with the Station House Officer, Mahila Police Station, Sriganganagar alleging inter alia that his younger sister Arti was married to Sunil Kumar on 23.05.2014 and they have given dowry to the inlaws as per their status. It is alleged that after 10-15 days of marriage, the mother-in-law and husband started harassing her physically and mentally for demand of dowry. It was further mentioned in the FIR that the husband Sunil Kumar left his sister at parental home but after about ten days, her husband came to took her back
The court clarified that for a conviction under Section 304B IPC, evidence of dowry harassment shortly before death is essential, and sentences must consider the specifics of each case.
Point of law: there is no provision for fine in the newly added Section inserted in 1986. The same is recalled, we hold that the fine deposited would be considered to be period under Section 357 Cr.P....
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry shortly before her death to establish a case under Section 304B IPC.
The court ruled that prosecution must prove cruelty or harassment concerning dowry shortly before a woman's death for Section 304B to apply, which was not established in this case.
The burden of proof under Section 106 of Indian Evidence Act and the principles of proper sentencing and the reformative approach underlying in the criminal justice system were the main legal points ....
The prosecution must prove beyond reasonable doubt the essential ingredients of dowry death, including evidence of cruelty or harassment in connection with dowry demands.
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