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GAUTAM KUMAR CHOUDHARY
Kapil Ravidas – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
1. Judgment of conviction under Section 304B of the Indian Penal Code and sentence of rigorous imprisonment for seven years with a fine of Rupees Five Thousand, is under challenge in the instant criminal appeal.
2. As per the FIR, sister of the informant was married on 21.05.2011 with Kapil Ravidas. At the time of marriage, Rs.1,51,000/-cash and valuables were given, but after marriage, Rs.40,000/-was demanded and due to non-fulfillment, her husband and in-laws started torturing her. On 21.08.2011 at 11.45 p.m. he received information on his mobile that his sister is admitted in Chauparan Government Hospital. When he was coming from Hazaribag to Chauparan, he again received call on his mobile to come to his house. He arrived at Rampur at 1.30 a.m. and saw that his sister was lying dead on cot.
3. On the written report, Chauparan P.S Case No.75/11 was registered under Section 304 B of the IPC against the appellant and in-laws. Police on investigation, submitted charge sheet against all named accused persons and they were put on trial for offences under Sections 304 B/34 and Sections 302/34 of the IPC.
4. Altogether twelve witnesses were examined and
Conviction for dowry death requires consistent evidence of demand and harassment; contradictory evidence leads to benefit of doubt.
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.
(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 prosecution must establish all essential ingredients of Section 304B IPC for a conviction; failure to prove any ingredient negates the possibility of guilt.
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 Section 304B of the IPC; failure to ....
(1) Dowry death – If one of ingredients of Section 304B of I.P.C. is absent, presumption under Section 113B of Evidence Act would not be available to prosecution and onus of proof would not shift to ....
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.
The presumption of dowry death under Section 113B IPC cannot be applied without proof of unlawful dowry demand, and mental health issues may be the proximate cause of death.
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