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DEEPAK ROSHAN
Debashish Pal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
Heard learned counsel for the parties.
2. The instant appeal is directed against the judgment of conviction and the order of sentence, both dated 04.12.2004, passed by the learned Additional Sessions Judge, Fast Track Court No.1, Bermo at Tenughat, in Sessions Trial Case No. 200 of 1989; whereby the appellant was convicted and sentenced to undergo rigorous imprisonment for 7 years under Section 304(B) of the Indian Penal Code.
3. The prosecution case in brief is that one Krishna Narayan Saha, gave his statement before the police on 20.12.1988, that the marriage of his sister Samanwita Paul was solemnized on 30.01.1983 at Kolkata with Dewashish Paul (appellant), who was employed as an Engineer at Bokaro Thermal. It is also stated that she often used to visit Kolkata but never appeared happy. It has been further stated that the accused applied pressure on his wife to bring costly gifts or article from her parents and as a result of such pressure his father was compelled to purchase N.S.C. worth Rs.20,000/-. Later on, Devashish Paul started putting pressure on his father for giving a plot of land at Kolkata, and started ill-treating his sister for the same. Fu
The judgment establishes that the presumption of guilt under Section 113-B of the Evidence Act applies when the prosecution proves the essential elements of dowry death under Section 304(B) IPC, shif....
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.
Prosecution must prove unnatural death within seven years of marriage and cruelty/harassment for dowry 'soon before' death beyond reasonable doubt to invoke dowry death presumption; general allegatio....
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
(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....
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
Point of law : Dowry death - Conviction set aside - Articles, said to be demanded, are not such for which present appellants can be direct beneficiaries. Moreover, evidence on the above point is not ....
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....
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