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RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Jamil Ansari, S/o. Israil Ansari – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mr. Sardhu Mahto, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 02-03-2017 (sentence passed on 10-03-2017) passed by Shri M.C. Verma, learned Additional Judicial Commissioner-I-cum Special Judge, Ranchi in connection with S.T. No.56 of 2015 by S.T. No. 57 of 2015, whereby and whereunder the appellant has been convicted for the offence under section 302 and 304B I.P.C. and has been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 5000/- for the offence under Section 302 IPC, and in case of non-payment of fine, to undergo simple imprisonment for 6 months, and rigorous imprisonment for 10 years for the offence under section 304B I.P.C. Both the sentences are to run concurrently.
3. The prosecution case arises out of the fardbayan of Afzal Ansari in which it had been stated that in the year 2010, he had performed the marriage of his daughter as per Muslim rites and customs with Jamil Ansari(appellant). After marriage, for about a year, his daughter was kept properly by her husband. However, after
The court affirmed the conviction for dowry death under Section 304B IPC while setting aside the murder conviction under Section 302 IPC due to insufficient evidence.
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
Point of Law : For offence Under Section 304-B Indian Penal Code, punishment is imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
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....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
The court affirmed convictions under Sections 304B and 498A of the IPC for dowry death, emphasizing the sufficiency of evidence showing ongoing cruelty linked to dowry demands.
The judgment establishes that for a conviction under Section 304B IPC, the prosecution must prove the death was caused by dowry-related harassment, occurring within seven years of marriage, and that ....
Continuous demand of dowry and torture leading to the death of the deceased proved the ingredients of dowry death under Section 304(B) of the Indian Penal Code.
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