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BIRENDRA KUMAR
Ashok Kumar S/o Nihal Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
JUDGMENT :
Birendra Kumar, J.
1. Heard the Parties.
2. The appellants faced trial in Sessions Case No.30/2019 for offences under Sections 498-A, 304-B and 302 IPC. By the impugned judgment dated 04.03.2024, they were found guilty for offences under Sections 498-A and 304-B IPC. The learned trial Judge awarded ten years’ rigorous imprisonment against the appellants for offence under Section 304-B IPC along with fine of Rs.5,000/- and in default of payment of fine, six months’ simple imprisonment was ordered. For offence under Section 498-A IPC, the appellants were convicted with three years’ rigorous imprisonment along with fine of Rs.2,000/- and in default of payment of fine, three months’ simple imprisonment was directed. The sentences have been ordered to run concurrently.
3. The prosecution case as disclosed in FIR No.229/2019 registered with Police Station Bhirani (Ex.P/1) is that the victim was married with appellant No.1-Ashok Kumar on 09.11.2018. Though, marriage gift were given by the family members of the girl. However, there was persistent demand of dowry of rupees one lack in cash. This demand was being made continuously after the marriage. The informant-Nathu Ram (PW-1), wh
The court affirmed that dowry death can be established through evidence of demand and torture, even if not immediately preceding death, under IPC Sections 498-A and 304-B.
The central legal point established in the judgment is the interpretation and application of the provisions of Section 304-B of the IPC and Section 113-B of the Indian Evidence Act in establishing th....
Continuous demand of dowry and torture leading to the death of the deceased proved the ingredients of dowry death under Section 304(B) of the Indian Penal Code.
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
Prosecution must prove demand for dowry and harassment soon before death to establish guilt under Section 304B IPC; absence of such evidence leads to acquittal.
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....
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