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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
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.R. in a narrow compass, is that the informant’s daughter Snehlata Kumari @ Sweety (since deceased) was married with the present appellant on 30.11.2012 and out of their wedlock, a girl child namely, Bhabhya Bharti was begotten, who is at present 04 years old. It is alleged that for better education of the girl child Bhavya, Snehlata Kumari was residing at her parental house, but all of a sudden, her husband (appellant) took his wife and daughter at Lohia Nagar, Godda in the month of April, 2018 and left them in a rented house and got his daughter admitted in St. Thomas School, God
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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.
The court upheld the conviction for dowry death under Section 304B IPC, establishing that harassment related to dowry demands occurred shortly before the victim's death, which was unnatural and withi....
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