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2023 Supreme(Jhk) 266

DEEPAK ROSHAN
Rejesh Lal Paswan – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Appellant : Mr. A.S. Dayal, Mr. Kumar Vaibhav, Amicus Curiae, Ms. Shivani Kapoor, Amicus Curiae.
For the Respondent: Ms. Vandana Bharti.

Judgement Key Points

Certainly. To obtain a copy of the news articles related to the accident, you can follow these steps:

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If you need a physical copy, visiting or contacting the local newspaper office that covered the incident may be the most direct approach. Let me know if you need help with specific search terms or further guidance.


JUDGMENT :

1. Heard learned counsel for the parties.

2. This appeal is directed against the judgment of conviction and order of sentence dated 12.05.2003 & 13.05.2005, respectively, passed by the learned XI Judicial Commissioner, Ranchi in Sessions Trial Case No. 270/2001; whereby the appellant was convicted under sections 498A and 304B IPC and sentenced to undergo rigorous imprisonment for seven years for the offence u/s 304B IPC and for two years u/s 498A IPC and both sentences were ordered to run concurrently.

3. The prosecution story in brief as per the informant, who happens to be brother of the deceased, is that the sister of the informant married the appellant on 8th May, 1997. His brother-in-law used to assault her sister physically and often told her to bring money from her father. His sister was fed-up with the appellant-Rajesh Paswan. The father-in-law of deceased always tried to solve the dispute but his son did not obey the command of his father. On 20.08.2000 at about 6 p.m. father-in-law of deceased met with the informant and told him that Sarita committed suicide by burning. The informant went to the house of appellant and found his sister dead due to burn. He had sus

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                Judicial Analysis

                None of the cases listed explicitly indicate that they have been overruled, reversed, or otherwise treated as bad law. There are no keywords or phrases such as "overruled," "reversed," "disapproved," or "abrogated" that suggest any of these decisions have been invalidated or rejected by subsequent rulings. Therefore, based on the provided information, no case law from the list can be conclusively categorized as bad law.

                [Followed / Affirmed]

                YOGESH SINGH VS MAHABEER SINGH - 2016 7 Supreme 427: The detailed description of the principles of appellate deference, appreciation of evidence, and evaluation of witness testimony appears to reflect standard judicial principles. The language suggests this is a well-established, authoritative interpretation rather than a decision that has been overruled or criticized. It likely represents a binding or persuasive precedent that continues to be followed.

                [Distinguished / Clarified]

                State of Madhya Pradesh VS Jogendra - 2022 1 Supreme 129: This case clarifies the definition of dowry under Section 304-B IPC and emphasizes a shift in judicial approach from strict to liberal in dowry-related cases. The language indicates it provides guidance or clarification rather than a decision that has been overruled or criticized. It may serve as a reference point for subsequent cases but does not appear to be treated as bad law.

                [Legal Principles / Authority]

                State of Haryana VS Angoori Devi - 2019 0 Supreme(SC) 1199: This case discusses the burden of proof in dowry-related harassment and cruelty cases under Section 304B IPC. It states legal principles but does not indicate any subsequent treatment or judicial criticism. It appears to be a standard statement of law that remains valid.

                None of the cases exhibit explicit signs of being questioned, criticized, or treated as bad law based solely on the provided descriptions. However, the absence of references to subsequent treatment or judicial comments leaves some uncertainty about their current authoritative status. Without additional context or citations of later rulings, their treatment remains presumed but not definitively confirmed.

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