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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dr. Justice G.Jayachandran, Ms. Justice R.Poornima, JJ
I.Basheer Mohammed – Appellant
Versus
State represented by, The Deputy Superintendent of Police, Melur Sub-Division – Respondent
JUDGMENT :
G.JAYACHANDRAN, R.POORNIMA, JJ.
The appellant herein is the first accused in S.C.No.10 of 2016 on the file of the Sessions Judge, Mahila Court, Madurai. In connection with the homicide death of his wife on 09.08.2013, the appellant along with 3 of his family members faced trial for offences under Sections 498A, 201, 302 and 302 r/w 34 of IPC. The trial Court found this appellant guilty of charges under Section 498A, 201 and 302 IPC and acquitted rest of the accused for want of proof beyond doubt.
The gist of the prosecution case:
2.1. The appellant-A1/Bhaseer Mohammed and the deceased Rafiyathul Bazaria got married on 07.07.2010. They were living jointly along with A-2 to A-4 at Santhaipettai, Melur Taluk, Madurai. A female child born to them. There was frequent demand and obtainment of cash and jewels by the accused and his family members. Lastly, there was an unlawful demand of Rs.50,000/- for the tonsuring ceremony of the baby.
2.2. On 08.08.2013, Nagoorgani(PW-1), the brother of Rafiyathul Bazaria came from Dubai. He along with his wife and mother went to the house of the first accused to see his sister. They were with her for about one hour and returned back after giving
The court upheld the conviction for murder and dowry harassment, emphasizing the burden of proof on the accused and the significance of medical evidence ruling out suicide.
The presumption under Section 113-B of the Indian Evidence Act requires concrete evidence of harassment or cruelty shortly before death; general and vague allegations are insufficient to sustain conv....
(1) Cruelty and dowry death – Once all necessary ingredients of dowry death have not been proved beyond reasonable doubt, presumption under Section 113-B of Evidence Act would not be available to pro....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution must prove charges beyond reasonable doubt; mere suspicion is insufficient for conviction.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
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 court established that minor domestic quarrels do not constitute sufficient evidence for conviction under IPC Sections 498(A) and 304(B), emphasizing the necessity for credible evidence of dowry ....
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