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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
AVNEESH JHINGAN, BHUWAN GOYAL
Purshottam Sindhi – Appellant
Versus
State – Respondent
JUDGMENT :
AVNEESH JHINGAN, J.
1. This appeal is preferred by Purshottam Sindhi (husband of the deceased Jyoti), Gopal Sindhi (brother-in-law of the deceased), and Smt. Janki Devi (mother-in-law of the deceased) against the judgment of conviction dated 30.01.1996 passed under sections 304B and 498A of the Indian Penal Code, 1860 (for short ‘IPC’). Vide order of even date, the appellants were sentenced life imprisonment u/s 304B IPC and to pay fine of Rs.250/- each. In default of payment of fine, to undergo imprisonment for one month. Sentence u/s 498A IPC is of three years imprisonment and fine of Rs.100/- each. In default of payment of fine, to undergo imprisonment for fifteen days. Both the sentences run concurrently.
2. During pendency of the appeal, Smt. Janki Devi expired and the appeal was abated qua her.
3. The facts as per the prosecution are that the FIR dated 22.08.1993 under sections 304B and 498A IPC was lodged at Police Station Brahmpuri, Jaipur at the instance of Arjun Das (brother of the deceased). It was stated that a relative of the complainant informed that deceased was burnt and taken to the hospital. On reaching the hospital the deceased told the complainant that sh
The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death to establish guilt under Sections 304B and 498A IPC.
The court upheld conviction for dowry death, emphasizing that evidence of torture and demand for dowry proven leads to presumption of causation under relevant legal provisions.
The presumption of dowry death is not applicable if evidence does not establish that the deceased was subjected to cruelty shortly before her death.
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.
The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
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....
(1) Dowry death – “Soon before” cannot be interpreted to mean “immediately before”, rather prosecution has to show that there existed a “proximate and live link” between cruelty and consequential dea....
The central legal point established is the application of Section 304B of IPC and Section 113-B of the Evidence Act in cases of dowry death, emphasizing the need for proximity between cruelty/harassm....
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