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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE MANOJ KUMAR GARG, J
Vishnu Dutt @ Bishna Ram S/o Ramu Ram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
Judgment :
1. The instant criminal appeal under Section 374(2) Cr.P.C.(now Section 415 (2) of BNSS) has been filed by the appellants against the order dated 06.07.2024 passed by the learned Addl. Sessions Judge, Sridungargarh, District Bikaner in Sessions Case No.10/2009, whereby the learned Judge has convicted and sentenced the appellants as under:-
| Offence | Sentence |
| Sec. 498-A IPC | Two years imprisonment Rs.5,000/- and in default of payment of fine, one month’s additional imprisonment |
| Sec. 304-B IPC | Seven years Imprisonment |
2. Both the sentences were ordered to run concurrently.
3. Brief facts of the case are that on 04.04.2009, the complainant Luna Ram (PW/3) lodged a report (ExP/7) before the Police Station Sridungargarh, Bikaner to the effect that in the morning of 04.04.2009 at about 10.00 A.M., he received an information that his younger daughter has committed suicide. On this information, he alongwith 5-7 other persons went to the village Bana, where the police personnel were already available. It was further stated in the report that the complainant has three daughters, who were married around eleven years ago at village Bana. Her younger daughter Saroj was married with one Vishnu D
The prosecution must prove all essential elements of dowry death and cruelty beyond a reasonable doubt; failure to do so results in acquittal.
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.
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
In cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so ....
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.
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 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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