Back
PANKAJ BHANDARI, ASHUTOSH KUMAR
Charan Singh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
(Ashutosh Kumar, J.)
This criminal appeal has been filed by the appellants Charan Singh and Smt. Shakuntala Devi against the judgment of conviction and order of sentence dated 30.11.2017 passed by the Additional District and Sessions Judge No.1, Behror, District Alwar in Sessions Case No.21/2015: State v. Charan Singh and Ors. by which learned trial Court has convicted and sentenced the appellants as under:
- for offence under Section 498A IPC to 3 years R.I. each with fine of Rs.5,000/- each and in default of payment of fine 6 months additional S.I. each.
- for offence under Section 406 IPC to 3 years R.I. each with fine of Rs.5,000/- each and in default of payment of fine 6 months additional S.I. each.
- for offence under Section 201 IPC to 3 years R.I. each with fine of Rs.5,000/- each and in default of payment of fine 6 months additional S.I. each."
2. The case of prosecution in nutshell before the learned trial Court was that complainant Jagdish Prasad filed an FIR (Ex.P.-3) in Police Station Neemrana disclosing therein that h
The court established the necessity of circumstantial evidence in dowry death cases, affirming convictions for dowry-related offenses but reversing a murder conviction due to insufficient direct evid....
Conviction for dowry-related death established by evidence of harassment, leading to presumption under section 113-B of Evidence Act, as death occurs within 10 months of marriage.
The prosecution failed to prove the charges of murder and dowry death beyond reasonable doubt, leading to acquittal under Sections 302 and 498-A of IPC.
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.
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The judgment emphasizes the need for evidence to prove cruelty and harassment for a dowry demand, and highlights the importance of material witnesses in establishing the prosecution's case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
