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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN, GAUTAM KUMAR CHOUDHARY
Ranjeet Sao son of Mahangu Sao – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
Both these appeals arise out of the common judgment of conviction and sentence passed under Sections 304B and 498A/34 of the IPC.
2. Appellant- Ranjeet Sao is the husband, who was married to the deceased in 2011. After the marriage, the appellants made a dowry demand of Rupees One Lakh and a motorcycle and used to torture the deceased physically and mentally in reference to it. Several times, Panchayti was held in this regard, but things did not improve and the deceased used to confide to the informant about the threat to her life arising out of the dowry demand. On 20.05.2014, informant received information at around 10 O’ clock that she had been killed by her in-laws.
3. On the basis of the written report of C.S. Gupta (P.W. 6), Dandai P.S. Case No.47/14 was registered against the appellants under Sections 4 98A, 304B/34 of the IPC and Section 3 /4 of the Dowry Prohibition Act. Police on investigation, found the case true and submitted charge sheet. The appellants were jointly put on trial for offences under these Sections 4 98A, 304B, 201/34 and 302/34 of the IPC.
4. Altogether seven witnesses were examined on behalf of the prosecution and re
The court affirmed convictions under Sections 304B and 498A of the IPC for dowry death, emphasizing the sufficiency of evidence showing ongoing cruelty linked to dowry demands.
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
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 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 essential ingredient for dowry death under Section 304B requires proof of cruelty or harassment by the husband or relatives shortly before the woman's death, which was not established in this cas....
Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
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....
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