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G. JAYACHANDRAN
V. Dharmalingam – Appellant
Versus
State by the Inspector of Police, Modakurichi Police Station – Respondent
ORDER :
Prayer: Criminal Revision Case has been filed under Section 397 and 401 of Cr.P.C., to call for the records relating to the conviction imposed in the judgment dated 20.11.2017 made in C.A.No.27 of 2014 on the file of the IV Additional District and Sessions Court, Erode District at Bhavani confirming the conviction imposed in the judgment dated 04.03.2014 made in S.C.No.22 of 2007 on the file of the Assistant Sessions Court, Bhavani and set aside the same by allowing the criminal revision petition.
Smt.Prema, wife of Dharmalingam committed suicide by hanging on 20/11/2004. Her marriage was not with consent of her family members. She loved Dharmalingam the neighbouring land owner, who had boundary dispute with Prema’s family. However, being attracted, she eloped with him. After 3 days, when she came back home, her family members tried to separate them. Their attempt failed, then they insisted, she must execute release deed from the family property, which roughly estimated worth Rs.2,50,000/-. The deceased Prema obliged and thereafter, her marriage with Dharmalingam on 30/10/1998 was registered at the Sub Registrar Office. On the day, she executed deed releasing her 1/6th share
The judgment emphasizes the importance of careful consideration of evidence, especially in cases where the burden of proof is reversed, and highlights the need for the prosecution's case to be free f....
The court emphasized proximity between acts of cruelty and death for conviction under S.304B IPC, finding insufficient evidence for such a link while upholding conviction under S.498A IPC.
The absence of evidence proving demand of dowry or cruelty negates conviction under Sections 498A and 304B IPC; presumption under Section 113B of the Evidence Act requires substantiation of foundatio....
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The prosecution must establish the elements of dowry death and the rebuttable nature of the presumption under Section 113B of the Evidence Act in cases involving dowry-related offenses.
The judgment establishes that in cases of alleged dowry death, the prosecution must establish a proximate link between the cruelty or harassment and the consequential death. The absence of such a lin....
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
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