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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
RAJESH SINGH CHAUHAN, ABDHESH KUMAR CHAUDHARY
Paras Nath Sahu – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. The present Criminal Appeal under Section 374 (2) of the Codeof Criminal Procedure, 1973 (hereinafter referred as to ‘Cr.P.C.’) has been filed by the appellants/accused Paras Nath Sahu and Umesh against the judgment and order dated 29.06.2012 passed by the Sessions Judge, District Pratapgarh, in Sessions Trial No. 273 of 2009 (State Vs. Paras Nath Sahu and another) arising out of Crime No. 143 of 2008, wherein they have been convicted and sentenced for punishment for the substantive offence under Section 304 -B I.P.C. for imprisonment of life, under Section 4 98 -A I.P.C. for three years rigorous imprisonment along with fine of Rs. 3000/- to each and in default of fine, one-year additional imprisonment and one-year of rigorous imprisonment along with fine of Rs. 2000/- to each, under Section 4 of the Dowry Prohibition Act and in default of fine six months’ additional imprisonment. The benefit of Section 4 28 of the Code of Criminal Procedure, 1973 relating to concurrent running of all the said sentences of conviction has also been granted to the appellant by the Ld. Trial Court.
CASE OF THE PROSECUTION
2. The case of the prosecution as elaborated by the learned Trial
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....
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.
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
The court affirmed that a conviction for dowry death under Section 304-B IPC is established when a woman dies shortly after marriage due to cruelty for dowry demands, while simultaneous conviction un....
The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
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....
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