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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Amar Ranjan, S/o. Sri Sudhir Prasad Gupta – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
Heard learned counsel for the appellant and learned counsel for the State.
1. The instant Criminal appeal is directed against Judgment of conviction dated 14.01.2015 and order of sentence dated 15.01.2015, passed by learned Addl. Sessions Judge-II, Hazaribagh, in Sessions Trial No.501 of 2011 (arising out of Sadar P.S. Case No.212 of 2011 and G.R. No.929 of 2011), whereby the sole appellant has been convicted for the offence under Section 304B of the Indian Penal Code and sentenced him to undergo rigorous imprisonment of 10 years.
2. Informant is the father of the deceased and Hazaribagh (Sadar) P.S. Case No.212 of 2011 under Sections 304B IPC and under Sections 3 /4 of the D. P. Act against the appellant and three others (in-laws) was registered on the basis of written report lodged by him.
3. Daughter of the informant was married to the appellant on 06.06.2010 and the normal conjugal life lasted only for 2-3 months. After the appellant (husband) lost his job and in order to start a business, he asked his daughter to make demand of Rs.4 Lakhs from him. This was intimated to him by his daughter, to which he expressed his inability. It is alleged tha
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.
Conviction for dowry death requires consistent evidence of demand and harassment; contradictory evidence leads to benefit of doubt.
(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.
To secure conviction under Section 304(B) and 498(A) IPC, specific overt acts of cruelty must be established against the accused; mere familial relations are insufficient.
(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....
Prosecution must prove demand for dowry and harassment soon before death to establish guilt under Section 304B IPC; absence of such evidence leads to acquittal.
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