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GAUTAM KUMAR CHOUDHARY
Kanahai Saw, son of Late Khedu Saw – 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 20/25.07.2016 and order of sentence dated 25.07.2016 passed by Learned Additional Sessions Judge-VII, Dhanbad, in Sessions Trial No.201 of 2003, whereby and wherein the appellants have been convicted for offences under Section 304(B)/34 IPC and Section 4 of the Dowry Prohibition Act. They were sentenced to undergo rigorous imprisonment for 10 years under Section 304(B)/34 IPC and to undergo rigorous imprisonment for 01 year with fine of Rs.2,000/- under Section 4 of the Dowry Prohibition Act. Both the sentences were ordered to run concurrently.
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 the prosecution has failed to prove the charges of demand of dowry against the appellants as none of the prosecution witnesses did not state the date, year or day on which the demand for dowry was made. He submitted that statement of P.W.-11 namely Ratnesh Kumar Verma, suggests that he always found appellants living with the deceased, wife o
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.
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.
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
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.
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.
Point of law : Dowry death - Conviction set aside - Articles, said to be demanded, are not such for which present appellants can be direct beneficiaries. Moreover, evidence on the above point is not ....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
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.
To establish conviction under Section 304B IPC, prosecution must prove simultaneous occurrence of three conditions including harassment shortly before death, otherwise acquittal is warranted.
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