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UMESH CHANDRA SHARMA
Kharak Singh – Appellant
Versus
Krishan Pal – Respondent
JUDGMENT :
1. This criminal revision has been preferred against the judgment and order of acquittal dated 12.06.1998 passed by the Additional Sessions Judge-IV, Meerut under Section 304B, 498A IPC and Section 3/4 of the DP Act.
2. The revisionist informant has taken ground that the judgment and order passed by the lower court is wholly illegal. The trial court has completely misread and mis-appreciated the evidence on record and recorded the finding of acquittal in favour of all the accused persons. The prosecution has proved this case beyond all reasonable doubts even then the trial court has acquitted the accused from all the charges on the basis of conjunctures and surmises. There is no delay in lodging the FIR and if there is any delay, the same has been explained by the complainant even though the trial court has acquitted all the accused persons holding that the FIR is an anti-timed document. The trial court has held without any material evidence that the FIR in question has been subsequently manipulated and changed. The finding given by the trial court in this respect is w
The main legal point established in the judgment is that the prosecution must prove the allegations beyond reasonable doubt, and in this case, the evidence did not establish the guilt of the accused ....
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The prosecution must establish all ingredients of Section 304B IPC, including demand for dowry soon before death, to invoke presumption of guilt under Section 113B of the Evidence Act.
The prosecution established that the accused subjected the deceased to continuous harassment for dowry, leading to her suicide within seven years of marriage, warranting conviction under Section 304-....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
Dowry death conviction under IPC Section 304B requires proof of cruelty/harassment for dowry demand soon before death to attract Evidence Act Section 113B presumption; mere presence at scene insuffic....
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