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ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Bablu Gupta @ Babloo Gupta, S/o Late Ram Niranjan Sah – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Both these criminal appeals are directed against the judgment and order of sentence dated 04.05.2017 passed by learned Additional Sessions Judge-XV, Dhanbad in S.T. No.80 of 2015 whereby both the appellants were convicted under Sections 304(B) and 498A of the Indian Penal Code.
2. Appellant in Cr. Appeal (D.B.) No. 1169 of 2017 has been sentenced to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/- under Section 304B of the Indian Penal Code, further he was sentenced to undergo rigorous imprisonment for three years and fine of Rs.5,000/- under Section 498A of the Indian Penal Code.
3. Appellant in Cr. Appeal (S.J.) No. 937 of 2017 has been sentence to undergo R.I. for seven years with fine of Rs.5,000/- under Section 304B of IPC. She was further sentenced to undergo R.I. for three years with fine of Rs.5,000/- under Section 498A of the Indian Penal Code.
4. Learned Senior counsel for the appellants submit that there is no material to convict the appellants under Section 304B of IPC. He submits that the basic ingredients of Section 304B of IPC has not been established by the prosecution by leading cogent evidence. None of the witnesses have stated that
Prosecution must establish all ingredients of Section 304(B) IPC for conviction; failure to prove demand for dowry soon before death results in 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.
The prosecution must prove all three ingredients of Section 304B IPC for conviction; failure to establish demand for dowry and torture led to acquittal.
(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....
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 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.
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 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.
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
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