Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Prabhat Kumar, son of Sri Radhika Raman Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
This Criminal Appeal is preferred on behalf of the appellants being aggrieved by the judgment of conviction dated 19.09.2016 and order of sentence dated 21.09.2016, passed by learned Additional Sessions Judge-I, Chatra, in S.T. No.177 of 2014, whereby the appellants have been convicted for offences under Section 304 B IPC and Section 4 of the Dowry Prohibition Act. They were sentenced to undergo rigorous imprisonment of 10 years each with fine of Rs.25,000/- each under Section 304 B IPC and to undergo rigorous imprisonment for 1 year each with fine of Rs.2,000/- under Section 4 of Dowry Prohibition Act, and in default of payment of fine amount, further to undergo simple imprisonment of two years.
2. Learned senior counsel representing the appellants submitted that there is no material to convict the appellant Nos.2 and 3, who are father-in-law and mother-in-law of the deceased. Admittedly from the evidence, there is nothing to suggest that they had demanded money as dowry nor there is evidence to suggest that they had tortured the deceased. So far as appellant No.1 is concerned, it has been submitted that the allegation that he being the husband, demanded
To establish conviction under Section 304B IPC, prosecution must prove simultaneous occurrence of three conditions including harassment shortly before death, otherwise acquittal is warranted.
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.
Conviction under Section 304B set aside due to lack of evidence for dowry demand; conviction under Section 302 upheld based on established homicide.
Prosecution must establish all ingredients of Section 304(B) IPC for conviction; failure to prove demand for dowry soon before death results in 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 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 prove all essential elements of dowry death and cruelty beyond a reasonable doubt; failure to do so results in 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....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
