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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, ROMESH VERMA
State of Himachal Pradesh – Appellant
Versus
Mohinder Singh – Respondent
JUDGMENT :
Romesh Verma, J.
The present appeal arises out of the judgment of acquittal as passed by the learned Additional Sessions Judge- I, Kangra at Dharamshala, whereby the present respondents have been acquitted of the charges under Sections 498-A, 304-B, 302 of the Indian Penal Code (for short, ‘IPC’) read with Section 34 of .
2 The case of the prosecution, in brief, is that on 11.10.2011 a telephonic message about the death of deceased Dimple was received in police post Gangath. ASI Ashok Kumar of Police Post Gangath along with Constable Sham Singh visited Ward No.3 of village Kathal. SI Surjeet Singh along with other police officials came on the spot. The investigating team found the situation on the spot to be suspicious and forms 25-35A and 25-39 of deceased Dimple were filled in and the dead body of deceased was taken to dead house, Civil Hospital Nurpur. Photographs of the dead body were also taken. PW1 Sanjeev Kumar (complainant) reported the matter to the police and got recorded his statement under Section 154 Cr.P.C. Ex.PWI/A stating therein that he is working in Sabzimandi. Deceased Dimple was his sister-in-law, who was married to Mohinder Singh in the month of October
Acquittal upheld in dowry death case lacking evidence of cruelty soon before death; medical evidence consistent with accidental fall; appellate interference only on perversity, respecting double pres....
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304-B and 498-A IPC.
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304B and 498A IPC.
The presumption under Section 113-B of the Indian Evidence Act requires concrete evidence of harassment or cruelty shortly before death; general and vague allegations are insufficient to sustain conv....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution failed to prove essential elements of dowry death, leading to acquittal of most accused, while confirming conviction of mother-in-law under Section 498-A IPC.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The judgment establishes the application of key legal provisions such as Section 304B and 498A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the presumption under Section 113B....
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