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KARUNESH SINGH PAWAR
Ram Saran – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
KARUNESH SINGH PAWAR, J.
1. Since the appellant No. 2-Guru Dayal and appellant No. 3-Bitoli have died hence the appeal stands dismissed as abated in relation to appellant Nos. 2 and 3.
2. Heard Sri Vijay Kumar, learned counsel for the appellant and Sri Alok Tiwari, learned A.G.A. for the State-respondent.
3. This appeal has been filed against the judgment and order dated 30.07.1996 passed by Additional District and Sessions Judge, Hardoi in Sessions Trial No. 151 of 1994, arising out of Case Crime No. 589 of 1993, Police Station Kotwali City, Hardoi whereby the appellants have been convicted under Sections 498-A, 304-B IPC and Section 4 of the Dowry Prohibition Act. Appellant No. 1-Ram Saran have been sentenced to undergo 10 years rigorous imprisonment for offence under Section 304-B IPC and appellant No. 2-Guru Dayal as well as appellant No. 3-Smt. Bitoli have been sentenced to undergo 7 years rigorous imprisonment for offence under Section 304-B IPC. All the three accused-appellants have also been sentenced to undergo six months rigorous imprisonment with fine of Rs.2,000/- for offence under Section 4 of the Dowry Prohibition Act and in default of making payment of fine, t
The prosecution must prove that the victim was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304-B and 498-A IPC.
The prosecution must prove that the deceased was subjected to cruelty or harassment in connection with dowry demands soon before her death to establish a case under Sections 304B and 498A IPC.
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 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.
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 ....
Point of law : it was not proper and safe to place reliance on his statement given in examination-in-chief, so as to hold the appellants guilty, particularly when there was no specific mention of any....
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....
The prosecution must prove the connection between the death of the woman and dowry demands to secure a conviction under Section 304(B) IPC; absence of evidence leads to acquittal.
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....
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