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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Ram Badan Chouhan, son of Chandradip Chouhan – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
1. Heard Mr. Ashok Kumar, learned counsel for the appellant and Mr. Sanjay Kr. Srivastava, learned A.P.P.
2. This appeal is directed against the judgment and order of conviction and sentence dated 29.09.1997 passed by Shri D.P. Singh, learned Additional Judicial Commissioner-IV, Ranchi, in Sessions Trial No. 65 of 1996, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 304B of the INDIAN PENAL CODE and has been sentenced to undergo imprisonment for life.
3. The prosecution case arises out of the Fardbeyan of Subasi Devi recorded on 02.05.1995 at Holy Family Hospital, Mandar in which it has been stated that the marriage of the daughter of the informant Gita Devi was solemnized three years back as per Hindu rites and customs with Ram Badan Chauhan (appellant). After marriage, the daughter of the informant stayed at her matrimonial house for five days after which the son of the informant Rabindra brought her back to the house of the informant. It has been stated that after six months Vidai was done and various articles were also given by the informant during Vidai. It has been alleged that after about a year, the s
The court reiterated that in criminal law, especially for dowry death under Section 304B, the prosecution must establish evidence beyond reasonable doubt, and reliance on surmises cannot sustain a co....
The court emphasized the necessity for corroborative evidence in sustaining a criminal conviction, highlighting the unreliability of witness statements and inconsistencies therein.
The prosecution must provide clear evidence to support a dowry death conviction, which was not met in this case.
The prosecution must prove beyond reasonable doubt the essential elements of dowry death, including the timing of the marriage and the link between dowry demands and the death, as well as the decease....
Conviction for murder upheld based on consistent eyewitness accounts despite concerns about the independence of witnesses, highlighting the relevance of cohesive testimonies over minor contradictions....
Prosecution must prove essential elements of dowry death, including cruelty or harassment in connection with dowry demands, which was not established in this case.
Prosecution must prove that a woman's death occurred due to dowry-related cruelty or harassment soon before death for Section 304-B IPC to apply; lack of evidence leads to acquittal.
Judgment of conviction and order of sentence which is suffering from material irregularity based on erroneous appreciation of evidence, cannot be sustained.
The main legal point established in the judgment is the requirement for the prosecution to establish the essential facts constituting dowry death, including the proximity between the alleged cruelty ....
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