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ANISH KUMAR GUPTA
Mayank Gautam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. Heard Sri Amit Daga, learned counsel assisted by Sri Akash Mishra, learned counsel for the applicant, Sri Yogendra Pal Singh, learned counsel appearing for the opposite party no.2 and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 15.01.2019 in Session Trial No. 1239 of 2017 (State of U.P. vs. Mayank Gautam) under Sections (in short, 'u/S') 498-A, 304-B, 323, 302 of the India Penal Code (hereinafter referred to as, 'I.P.C.') and 3/4 of Dowry Prohibition Act, 1961 (hereinafter referred to as, 'the D.P. Act'), arising out of Case Crime No. 1711 of 2016, Police Station- Nai Mandi, District- Muzaffaragar, pending in the court of learned Additional Sessions Judge (F.T.C. No.-3), Muzaffarnagar.
3. The brief facts of the instant case are that on 20.07.2016, an F.I.R. was lodged by the opposite party no.2/Jalaj Sharma being Case Crime No. 287 of 2016, alleging herein that the sister (Shailey) of the opposite party no.2 was married to the applicant no.1/Mayank Gautam, as per the Hindu customs and rituals on 02.03.2016 and various gifts were given d
The court upheld the framing of charges for dowry death, finding sufficient evidence of cruelty and demand for dowry leading to the deceased's unnatural death within seven years of marriage.
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.
Continuous harassment before death must be proven for dowry death under Section 304-B; mere past incidents are insufficient to establish liability.
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
The prosecution must prove all essential elements of dowry death under Section 304-B IPC; failure to do so results in acquittal, regardless of marriage validity.
In cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so ....
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