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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Latika Mahto @ Latika Mahato – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
PER ANANDA SEN, J.
We have heard learned counsel appearing for the appellant and learned counsel for the State at length.
2. This appeal arises out of judgment of conviction dated 17.01.2018 and order of sentence dated 23.01.2028 passed by learned Additional Sessions Judge-1st-cum Special Judge, FTC, Jamshedpur, East Singhbhum in Sessions Trial No. 01 of 2014 whereby and whereunder appellants have been convicted under section 304B of IPC. Appellant no. 1 was sentenced to RI for 8 years and appellant no. 2 was sentenced to RI for life.
3. Mrs. Moushmi Chatterjee, the learned counsel for the appellants submitted that the prosecution has failed to establish basic ingredients of Section 304B of the Indian Penal Code. None of the witnesses have stated that soon before death there was demand of dowry and the deceased was subjected to cruelty in reference to it. In absence of the aforesaid ingredients the appellants cannot be convicted under section 304B of the Indian Penal Code. It is argued that alternative charge under section 302 of the Indian Penal Code has failed and there is no evidence of dowry death to prove the charge under section 304B of IPC.
4. The learned APP submits
The prosecution must establish all essential ingredients of Section 304B IPC for a conviction; failure to prove any ingredient negates the possibility of guilt.
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 three ingredients of Section 304B IPC for conviction; failure to establish demand for dowry and torture led to acquittal.
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.
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 ....
(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 prove all essential elements of dowry death under Section 304-B IPC; failure to do so results in acquittal, regardless of marriage validity.
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