KAUSHAL JAYENDRA THAKER, AJAI TYAGI
Raj Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This criminal appeal is preferred by appellant-Raj Kumar against the order and judgment dated 17.09.2011 passed by Additional Sessions Judge, Court No.17, Bulandshahr in Session Trial No.1398 of 2007 (State Vs. Raj Kumar) and Session Trial No.86 of 2008 (State Vs. Smt. Geeta and others) arising out of Case Crime No.301 of 2007, under Section 498A, 304B of IPC alternatively under Section 302 r/ w Section 149 of IPC and Section 3 and 4 of Dowry Prohibition Act, Police Station-Pahasu, District-Bulandshahr, by which the accused persons Smt. Geeta, Tej Pal and Ram Pratap were acquitted of all the charges. During the course of trial, accused Dharmwati has passed away and trial was abated against her and appellant-Raj Kumar was convicted for the offence under Section 302 r/w Section 149 of IPC and sentenced for life imprisonment with fine of Rs.10,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was also convicted under Section 3 of Dowry Prohibition Act, 1961 and sentenced to five years R.I. and fine of Rs.15,000/-and one year S.I. in case of default of fine. Appellant-Raj Kumar was further convicted under Section 4 of Dowry Prohibition Ac
Nallapareddi Sridhar Reddy Vs. State of A.P. (2020) 12 SCC 467
The main legal point established in the judgment is the importance of providing the accused with an opportunity to defend against any alternative charges and the application of reverse burden of proo....
The main legal point established in the judgment is the requirement for fair trial, proper opportunity for the accused to defend himself, and the need for conclusive circumstances to support a convic....
The burden of proof under Section 106 of Indian Evidence Act and the principles of proper sentencing and the reformative approach underlying in the criminal justice system were the main legal points ....
The court affirmed convictions under Sections 304B and 498A of the IPC for dowry death, emphasizing the sufficiency of evidence showing ongoing cruelty linked to dowry demands.
The judgment establishes the application of statutory provisions related to dowry death, matrimonial cruelty, and burden of proof under 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.
The court affirmed conviction for dowry death, highlighting evidentiary requirements under IPC and the presumption of guilt upon failure to rebut accusations.
The main legal point established in the judgment is that suspicion, however strong, cannot take the place of proof, and the burden of proof to establish guilt beyond reasonable doubt lies with the pr....
The court emphasized that the framing of an alternative charge under Section 302 IPC should be based on prima facie evidence and could be added during the trial if sufficient material emerged.
(1) Cruelty and dowry death – Requirements of proof beyond reasonable doubt in a criminal trial does not stand altered even after introduction of Section 498A or 304B of IPC or 113B in Evidence Act.(....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.