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RITU BAHRI, MANISHA BATRA
State of Haryana – Appellant
Versus
Krishan – Respondent
| Table of Content |
|---|
| 1. application for leave to appeal against acquittal. (Para 1) |
| 2. factual background of the case and charges. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. argument against the trial court's judgment. (Para 8 , 9) |
| 4. rating and review of evidence and acquittal standards. (Para 10 , 11) |
| 5. legal framework for evaluating dowry death. (Para 12 , 13) |
| 6. discussion on evidence concerning dowry and cruelty. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 7. failure of prosecution to establish dowry death. (Para 20) |
| 8. findings regarding the nature of the victim's death. (Para 21 , 22 , 23) |
| 9. final ruling on the application. (Para 24) |
JUDGMENT
Manisha Batra, J.
The instant application under Section 378(3) of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') has been moved by applicant with a prayer for grant of leave to file appeal against judgment of acquittal dated 24.08.2021 passed by learned Additional Sessions Judge, Jhajjar, in criminal case No.S.C-78 of 2017/2018 titled as State v. Krishan and another, whereby respondents had been acquitted of charges of offences punishable under Sections 304B/302 read with Section 34 and Section 201 of IPC.
2. Broad contours of the case as set up by the prosecuti
To convict under Section 304B IPC, evidence of specific instances of cruelty or harassment connected with dowry demands must be established; otherwise, lesser offences may be considered.
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
In dowry death cases, the prosecution must prove beyond reasonable doubt that the accused subjected the victim to cruelty related to dowry demands before her death, maintaining the presumption of inn....
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
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 court established the necessity of circumstantial evidence in dowry death cases, affirming convictions for dowry-related offenses but reversing a murder conviction due to insufficient direct evid....
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