Back
IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJNISH KUMAR
Jai Shankar Shukla – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard Shri Ramakar Shukla, learned counsel for the appellant and Shri Rajesh Kumar Shukla, learned A.G.A. for the State.
2. The instant criminal appeal has been filed by Jai Shakar Shukla against the judgment and order dated 17.10.1994, passed in Sessions Trial No.19 of 1992 ( State Vs. Jai Shanker Shukla and Another ) by the Special Judge, Unnao convicting the appellant under Section 498-A I.P.C and sentencing him to rigorous imprisonment for one year and to pay a fine of Rs.1000 and in case of failure of payment of fine, further rigorous imprisonment for one year and further convicting the appellant under Section 304-B I.P.C. and sentencing him to undergo rigorous imprisonment for ten years. It has further been provided that all the sentences would run concurrently.
3. Learned counsel for the appellant submitted that the appellant has been wrongly and illegally convicted and sentenced. He submitted that the offences under Section 4 98-A and 304-B of the INDIAN PENAL CODE (hereinafter referred as IPC) could not be proved against the appellant and there was no charge under Section 3 /4 of the Dowry Prohibition Act because no witness supported the prose
For conviction under dowry death, the prosecution must establish a demand for dowry and harassment, alongside the death occurring within seven years of marriage, allowing for a presumption under Sect....
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....
Prosecution must prove essential elements of dowry death under Section 304B, including proximate link between demand and death, beyond reasonable doubt.
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 must establish a direct link between dowry-related cruelty and the victim's death for a conviction under Section 304B; mere allegations without substantiation are insufficient.
Prosecution must prove that a woman's death occurred due to dowry-related cruelty or harassment soon before death for Section 304-B IPC to apply; lack of evidence leads to acquittal.
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 requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
The judgment establishes that the presumption of guilt under Section 113-B of the Evidence Act applies when the prosecution proves the essential elements of dowry death under Section 304(B) IPC, shif....
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
