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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Fuldeo Mahtha S/o Dime Mahtha – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel appearing for the parties.
2. The learned counsel for the appellants submitted that in these two cases, the appellant in Criminal Appeal (SJ) No.1711 of 2003 is the husband of the deceased and the appellants in Cr. Appeal (SJ) No.1749 of 2003 are the father-in-law, elder brother-in-law and mother-in-law of the of the deceased respectively.
3. The learned counsel for the appellants submitted that although there is allegation that there was a demand of Rs.10,000/-, but no earlier steps were taken in connection with such demand and the allegation with respect to the demand has come up for the first time only through the F.I.R. He submitted that the deceased had expired and charge was framed under Section 304B/34 of Indian Penal Code (hereinafter referred to as the “IPC”), but the accused persons have not been convicted with respect to the said charge and the conviction is only under Section 498A of IPC.
4. The learned counsel submitted that as per the defence evidence and also as per the evidence of the Investigating Officer, P.W. 6, the deceased had given birth to a male child on 07.08.2000 and on account of the child bein
Conviction under Section 498A IPC upheld due to consistent evidence of dowry-related torture; acquitted under Section 304B IPC for lack of proof regarding abnormal death circumstances.
Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
In cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so ....
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.
The main legal point established is that a demand for money can be considered a form of torture rather than a dowry demand, and evidence of mental and physical cruelty can lead to conviction under Se....
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