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GAUTAM KUMAR CHOUDHARY
Sunil Kumar – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
Heard learned counsel for the appellants and learned counsel for the State.
1. Both the aforesaid Criminal appeals, arising out of a common case/ Sessions Trial, as such, both are being heard together and disposed of by this common judgment.
2. Both the aforesaid Criminal appeals are directed against the common Judgment of conviction and order of sentence both dated 15.02.2012, passed by learned Sessions Judge, Bokaro, in S.T. Case No.139 of 2011 whereby the appellants have been convicted under Sections 304B/ 34 IPC.
3. As per the FIR, lodged by Munni Devi (mother of the deceased) that on 04.12.2010 her daughter, Mamta Devi was married to one Anil Kumar (appellant/accused) on 20.05.2005 and at the time of marriage, dowry in cash and kinds were given. Despite this, it is alleged that she was being harassed in reference to the dowry demand. A female child was born from the said wedlock and because of it, the harassment was increased and dowry demand was made. The husband of the informant, during his life time, used to pay periodically to his daughter so that she can have peaceful marital life. After his death, husband (Anil Kumar) and
The court emphasized the necessity of reliable evidence for conviction in dowry death cases, ruling that the prosecution failed to prove essential elements under IPC Sections 304B and 306.
Prosecution must prove that a woman's death occurred due to dowry-related cruelty or harassment soon before death for Section 304-B IPC to apply; lack of evidence leads to acquittal.
The court affirmed that dowry death can be established through evidence of demand and torture, even if not immediately preceding death, under IPC Sections 498-A and 304-B.
The prosecution must prove all elements of dowry death beyond reasonable doubt; mere suspicion is insufficient for conviction.
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
Conviction for dowry death requires consistent evidence of demand and harassment; contradictory evidence leads to benefit of doubt.
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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