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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, PRADEEP KUMAR SRIVASTAVA
Prem Chand Shandil @ Santosh Jha – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. appeal against section 304b conviction. (Para 1 , 2) |
| 2. marriage, dowry demands, unnatural death facts. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments on dowry proof and presence. (Para 9 , 10 , 11) |
| 4. "soon before" requires proximate dowry link. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. witnesses prove cruelty, strangulation, no rebuttal. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. ingredients established; presumption against accused. (Para 35 , 36 , 37 , 38 , 39) |
| 7. conviction upheld; appeal dismissed. (Para 40 , 41 , 42 , 43) |
JUDGMENT :
Pradeep Kumar Srivastava, J.
1.Heard Mr. Jitendra S. Singh, learned counsel for the appellant and Mr. Abhay Kumar Tiwary, learned Additional P.P.
2. The instant criminal appeal is directed against judgment of conviction and order of sentence dated 31.03.2023 passed by learned Additional Sessions Judge-III, Godda in Sessions Trial No. 187 of 2018, whereby and whereunder, the appellant has been held guilty and convicted for the offence under Section 304B of the I.P.C. and sentenced to undergo imprisonment for life.
FACTUAL MATRIX
3. The factual matrix giving rise to this appeal, as depicted in the F.I.
In dowry death cases, prosecution must prove unnatural death within seven years of marriage with cruelty/harassment soon before by husband/relatives linked to dowry demand to raise rebuttable presump....
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
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....
Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insuffic....
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 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.
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.
Dowry death – Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused under Section 304B and 498A of IPC.
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