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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Gautam Kumar Choudhary
Krishna Chandra Mahto @ Krishna Mahto – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal, has been filed under Section 374(2) of the Code of Criminal Procedure, against the judgment of conviction dated 17.05.2017 and order of sentence dated 19.05.2017 passed by learned District & Sessions Judge-I, Seraikella-Kharsawan in Sessions Trial No. 191 of 2012 whereby and whereunder the present appellant had been convicted for the offence punishable under Section 304-B and 34 of the Indian Penal Code and has been directed to undergo Rigorous imprisonment for life under Section 304-B.
2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as :-
As per the written report of the informant namely P.W.-4, who is brother of the deceased and the informant of the instant case, the case of prosecution is like that the marriage of the informant’s sister was solemnized with the accused/appellant on 12.06.2012 and after 15 days of the marriage, the accused/appellant and his family m
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The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
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