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ASHWANI KUMAR MISHRA, GAUTAM CHOWDHARY
Chhote Lal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. These appeals are directed against a composite judgment and order of conviction and sentence dated 30.9.2021, passed by the Additional Sessions Judge (Fast Track Court-I), Banda in Session Trial Nos. 65 of 2015 (State v. Chhangu and others) and 178 of 2015 (State v. Punna alias Puran and another), arising out of Case Crime No. 156 of 2014, Police Station Pailani, District Banda, whereby the accused appellant Chhangu has been convicted and sentenced to life imprisonment under Section 304-B IPC, as well as accused appellants Chhote Lal, Shiv Mohan, Punna @ Puran and Urmila have been convicted and sentenced to seven years imprisonment under Section 304-B IPC; all the accused appellants Chhangu, Chhote Lal, Shiv Mohan, Punna @ Puran and Urmila have been convicted and sentenced to three years imprisonment alongwith fine of Rs. 10,000/- each under Section 498-A IPC and on failure to deposit fine to undergo additional imprisonment for two months each; two years imprisonment alongwith fine of Rs. 10,000/- each under Section 4 Dowry Prohibition Act and on failure to deposit fine to undergo additional imprisonment for two months each.
2. Incident in the pr
The prosecution must establish a clear connection between dowry demand and the death of the victim for a conviction under Section 304-B IPC, which was not proven in this case.
The judgment establishes that for a conviction under Section 304B IPC, it must be shown that the deceased was subjected to cruelty or harassment in connection with dowry demands shortly before her de....
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.
The main legal point established in the judgment is that the accused can be convicted under Section 304B IPC and Section 3/4 of the Dowry Prohibition Act if the prosecution proves that the deceased w....
The judgment establishes the application of key legal provisions such as Section 304B and 498A of the Indian Penal Code, Section 4 of the Dowry Prohibition Act, and the presumption under Section 113B....
The judgment reinforces the legal framework surrounding dowry death, emphasizing the importance of proving prior harassment related to dowry demands and the application of presumptions of guilt under....
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.
(1) Cruelty and dowry death – Once all necessary ingredients of dowry death have not been proved beyond reasonable doubt, presumption under Section 113-B of Evidence Act would not be available to pro....
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