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NALIN KUMAR SRIVASTAVA
Ram Ji – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
(Nalin Kumar Srivastava, J.)
1. Since these appeals have been filed by the accused appellants against the same judgement and order, they have been heard together and are being disposed of by a common order.
2. Feeling aggrieved with the judgment and order dated 9.9.2011 passed by Additional Sessions Judge, Court No.13, Allahabad in S.T. No. 618 of 2006 arising out of Crime No. 193 of 2003 under Section 304-B/34, 498-A/34 I.P.C. and 4 D.P. Act, P.S.-Kydganj, Allahabad, whereby the appellants have been convicted and sentenced under Section 304-B/34 I.P.C. for 10 years rigorous imprisonment, under Section 498-A/ 34 I.P.C. for 2 years rigorous imprisonment with a fine of Rs.2,000/-each with default clause and under Section 4 D.P. Act for 1 year simple imprisonment with a fine of Rs.1,000/-each with default clause and all the sentences were to run concurrently, the present criminal appeals have been preferred by convict-appellants 1. Ram Ji, 2. Smt. Sumari Devi, 3. Mahendra Kumar, 4. Dwarika Prasad, 5. Ram Prasad, 6. Smt. Manju, 7. Smt. Manisha, 8. Smt. Urmila and 9. Smt. Kusum.
3. Out of nine convict appellants, convict Ram Ji and Dwarika Prasad have died and reports regardin
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 established that dowry death under Section 304(B) IPC requires proof of harassment related to dowry demands, with the prosecution bearing the burden of proof beyond reasonable doubt.
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....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
Point of law : Dowry death - Conviction set aside - Articles, said to be demanded, are not such for which present appellants can be direct beneficiaries. Moreover, evidence on the above point is not ....
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 court upheld the conviction for dowry death under Section 304B IPC, establishing that harassment related to dowry demands occurred shortly before the victim's death, which was unnatural and withi....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
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