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KAUSHAL JAYENDRA THAKER, UMESH CHANDRA SHARMA
Puneet Tripathi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
UMESH CHANDRA SHARMA, J.
1. Heard learned counsel for the appellants, learned A.G.A. for the State and perused the record.
2. The present appeals have been preferred by the appellants against the judgment and order of conviction and sentencing dated 3.2.2016 in S.T. No. 34 of 2012, Crime No. 440 of 2011 under Section 498-A, 304 B I.P.C. and Section ¾ of D.P. Act, Police Station- Banda, District- Shahjahanpur and S.T. No. 216 of 2013 (State Vs. Shivkumar Tripathi and Others). The learned Additional Sessions Judge, Court No. VII, Shahjahanpur, has convicted the accused-husband for commission of offence under Section 304-B I.P.C. for life imprisonment, under Section 498-A for three years imprisonment and under Section 4 of the Dowry Prohibition Act, for two years imprisonment with fine of Rs. 10,000/- with default stipulation. In connected S.T. the accused Sujeet Tripathi, Shivkumar Tripathi, Smt. Bineshwari and Asha Tripathi have been convicted under Section 304- B for seven years each, under Section 498-A I.P.C. for two years with fine of Rs. 5,000/- each and under Secti
The Court established that dowry death under IPC 304-B requires proof of cruelty related to dowry demands occurring soon before the victim's death.
The prosecution failed to prove essential elements of dowry death, leading to acquittal of most accused, while confirming conviction of mother-in-law under Section 498-A IPC.
The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the cr....
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