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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Rohit Pandey, son of Indrajeet Pandey – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
I.A. No. 10317 of 2023
Since this criminal appeal has been taken up for final hearing, I.A. No. 10317 of 2023 filed for suspending the sentence and to release the appellant on bail, is dismissed.
Criminal Appeal (D.B.) No.783 of 2017
2. We have heard the learned counsel appearing for the appellant and the learned counsel for the State at length.
3. This Criminal Appeal arises out of the judgment of conviction dated 03.04.2017 and order of sentence dated 06.04.2017 passed in Sessions Trial No. 163 of 2013 whereby and whereunder learned Additional Sessions Judge-XII, Hazaribagh convicted the appellant under section 304B and 498A of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs. 5,000/- for the offence under section 304B of the IPC and RI for 3 years with fine of Rs. 3,000/- for the offence under section 498A of the IPC.
4. The learned counsel for the appellant submits that the appellant has been convicted under section 304B of the IPC but there is no evidence to suggest that soon before death either there was any demand for dowry or the deceased was being tortured for dowry. He submits that in absence of one of the basic ingredients of
The prosecution must prove all three ingredients of Section 304B IPC for conviction; failure to establish demand for dowry and torture led to acquittal.
Prosecution must establish all ingredients of Section 304(B) IPC for conviction; failure to prove demand for dowry soon before death results in acquittal.
Conviction under Section 304B set aside due to lack of evidence for dowry demand; conviction under Section 302 upheld based on established homicide.
The prosecution must prove all essential elements of dowry death under Section 304-B IPC; failure to do so results in acquittal, regardless of marriage validity.
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 definition of 'soon before' in dowry death cases requires a broader interpretation, emphasizing proximity and cumulative effects of sustained abuse over immediate factors.
(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 main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
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....
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