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ANANDA SEN, SRI GAUTAM KUMAR CHOUDHARY
Govind Thakur, son of Shri Bhuneshwar Thakur – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
This Criminal Appeal is preferred on behalf of the appellants being aggrieved by the judgment of conviction dated 22.05.2018 and order of sentence dated 29.05.2018 passed by Learned Additional Sessions Judge-II, Spl F.T.C. (C.A.W.), Bermo at Tenughat, in Sessions Trial No.26 of 2015, whereby and wherein the appellants have been convicted for offences under Sections 304-B/34 and 498-A/34 of the I.P.C. They were sentenced to undergo rigorous imprisonment for 10 years under Section 304-B/34 of the IPC and sentenced to undergo rigorous imprisonment for 3 years with fine of Rs.5,000/-for the offence under Section 498-A/34 of IPC.
2. Heard learned counsel for the appellants and learned counsel for the State and perused the material available on record.
3. Learned counsel representing the appellants submits that none of the ingredients to attract Section 304B of the IPC is established and proved by the prosecution. The appellant No.1 is the husband of deceased and appellant No.2 is the first wife of appellant No.1.
4. It is submitted that the deceased was the second wife of appellant No.1. The appellant No.1 solemnized marriage with the deceased on the ground that his first wife i.
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Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
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