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NAVNEET KUMAR
Balram Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE NAVNEET KUMAR
Heard learned counsel appearing on behalf of the appellants and the learned counsel appearing on behalf of the State.
2. This Criminal Appeal is directed against the judgement of conviction dated 23.02.2017 and order of sentence dated 02.03.2017 passed by the Court of learned Additional Sessions Judge-F.T.C.-XVII, Dhanbad in S.T. Case No. 341 of 2014 arising out of Topchanchi P.S. Case No. 33 of 2014, corresponding to G.R. Case No.1594 of 2014, whereby and where under the appellants have been convicted for the offence punishable under Sections 304 B/ 34 of the Indian Penal Code and sentenced to undergo simple imprisonment for 7 years and the period of detention already undergone by the appellants have been directed to be set off against the sentence of imprisonment.
3. The prosecution story arose on the written report (Exhibit-3) by Umesh Pandey PW-5 addressed to the Officer-in charge of Topchanchi P.S. on 18.04.2014. The prosecution story in short is as under-
The informant’s niece Saroj Devi was married with Mithilesh Kumar Pandy (appel
The essential ingredients for a conviction under Section 304-B of the IPC must be clearly established, including evidence of cruelty or harassment in connection with dowry demands shortly before the ....
The prosecution must establish the essential elements of the offence under Section 304-B of the Indian Penal Code, including the demand of dowry, torture, and cruelty by the accused, to secure a conv....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
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.
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