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Rakesh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ajai Tyagi, J.
1. This appeal has been preferred against the judgment and order dated 08.08.2011 passed by Additional Sessions Judge, Court No.16 in Session Trial No.403 of 2009 (State Vs. Rakesh and others), arising out of Case Crime No.04 of 2009, under Section 498A, 304B IPC and 3/4 D.P. Act, Police Station-Colonelganj, District-Kanpur Nagar, whereby the appellants were convicted and sentenced under Section 302/34 IPC for life imprisonment along with fine of Rs.10,000/-.
2. The brief facts of the case as culled out from the record are that first information report was lodged by informant Ram Chandra at Police Station-Colonelganj, District-Kanpur Nagar on 10.01.2009 with the averments that the marriage of his daughter was solemnized with Rakesh on 15.05.2006, in which informant had given dowry as per his financial condition. The husband, his mother Chhidana and father Shivram along with his three sisters were not satisfied with the dowry. After some days of the marriage, they used to torture his daughter for want of motorcycle and gold chain as additional dowry. His d
The burden of proof lies with the prosecution in cases of dowry death, and circumstantial evidence must be conclusive to establish guilt beyond reasonable doubt.
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Point of law : Fundamental principle of criminal jurisprudence is that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and 'must b....
The provisions of Section 106 of the Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that fac....
The court established that in dowry death cases, the prosecution must prove a proximate link between dowry demands and the victim's death, shifting the burden of proof to the accused.
Advocates appeared :For the Appellant : Vivek Singh For the Respondent : Kamal Kumar Tiwari
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