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RAHUL CHATURVEDI, GAJENDRA KUMAR
Girish Chand Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard Shri Virendra Singh, learned counsel for the appellant and Shri Vikas Kumar Tiwari holding brief of Shri Pulak Ganguly who has submitted his power in the registry by today itself for accused/ respondents and learned A.G.A. for the State and perused the grounds taken by the appellant.
2. This Criminal Appeal u/s 372 Cr.P.C. is being filed on behalf of Girish Chand Singh assailing the legality and validity of the judgment and order dated 13.10.2023 passed by the learned Additional Sessions Judge, Court No.5, Kushinagar, Padrauna while deciding Session Trial No.239 of 2010 (State of U.P. vs. Upendra Singh and 4 others) arising out of Case Crime No.430 of 2009, under Sections 498A, 304B, 302, 201 I.P.C. and Section ¾ Dowry Prohibition Act, Police Station-Kaptanganj, District- Kushinagar.
3. The order impugned shows that accused-respondents namely Upendra Singh S/o Gabbu Singh and Gabbu Singh S/o Mohan Singh both resident of village Somali, P.S. Kaptanganj, District Kushinagar were convicted for the offence under section 498A IPC and sentenced two years R.I. and Rs.3,000/-fine in default payment of fine additional two months simple imprisonment, under section 304B IPC a
Victims cannot appeal for enhancement of sentences under Section 372 Cr.P.C., which is reserved for the State under Section 377.
Dowry deaths necessitate a presumption of guilt if death occurs within seven years after marriage accompanied by evidence of cruelty or harassment for dowry, shifting the burden of proof to the accus....
(1) Dowry death – Section 302 of I.P.C. cannot be added as an alternative charge(2) In every case of Dowry related deaths, I.O. of case shall hold wide spectrum of investigation to examine and collec....
The court clarified that a conviction under Section 304B for dowry death does not substitute for a murder charge under Section 302, emphasizing the need for distinct evidence for each charge.
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 suspicion, however strong, cannot take the place of proof, and the burden of proof to establish guilt beyond reasonable doubt lies with the pr....
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