Back
SIDDHARTH, SYED QAMAR HASAN RIZVI
Brijesh Singh – Appellant
Versus
State Of U. P. – Respondent
ORDER :
Siddharth, J.
Order on Criminal Appeal
1. Heard Sri R.P.S. Chauhan, Sri Vipin Kumar Singh and Sri Shashank Shekhar, learned counsel for the appellant; Ms. Manju Thakur, learned A.G.A.-1 and Sri Prem Shankar Prasad, learned A.G.A for the State, respondent no. 1; Sri Kamal Krishna, learned Senior Counsel assisted by Sri Raj Kumar Tripathi, learned counsel for the respondent nos. 2 to 6 and perused the material on record.
2. The above noted appeal under Section 372 Cr.P.C and the Government Appeal are directed against the common judgment and order of acquittal dated 14.08.2014 passed by Additional Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 2125 of 2012 (State vs Ajit Singh and Others) arising out of Case Crime No. 225 of 2010, under Sections-302/149, 304-B, 498-A IPC and Section ¾ of D.P. Act, Police Station-Indirapuram, District-Ghaziabad, whereby the opposite party nos. 2 to 6 in appeal u/s 372 Cr.P.C., have been acquitted of charges under the aforesaid sections.
3. Earlier the above noted appeals were dismissed by this Court. The judgments of this Court were challenged before the Apex Court, which set them aside and directed this Court to decide the appeals by
The prosecution must prove a direct link between alleged dowry harassment and the victim's death; mere allegations without corroborative evidence are insufficient for conviction.
The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
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....
The guilt of the accused must be proved beyond reasonable doubt, and in the presence of doubt about the credibility of the case of the prosecution, the benefit of the doubt must be given to the appel....
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-....
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....
The main legal point established in the judgment is the necessity to prove the elements of the offences under Sections 498-A, 304B, and 306 of the IPC, including the requirement to establish cruelty ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
