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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SALIL KUMAR RAI, VINAI KUMAR DWIVEDI
Shakeel Ahmad – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. circumstances of the dowry death (Para 2 , 3 , 4) |
| 2. arguments against dowry allegations (Para 11 , 12) |
| 3. reliance on evidence and dying declaration (Para 14 , 15) |
| 4. assessment of sentence under section 304b ipc (Para 16 , 17) |
| 5. reduction of sentence based on circumstances (Para 20 , 21 , 23) |
JUDGMENT :
VINAI KUMAR DWIVEDI, J.
1. This criminal appeal has been filed against the judgment and order dated 29.09.2018/03.10.2018 passed by learned IVth Additional Session Judge/Special Judge (E.C. Act), Bijnor in Session Trial No. 593 of 2015, arising out of Case Crime No. 272 of 2015, under Sections 304B in alternative 302/34 IPC and Section 4 of Dowry Prohibition Act, Police Station Chandpur, District Bijnor. By the impugned order, learned Additional Session Judge has convicted and sentenced the accused-appellants Shakeel Ahmad and Sherbaz @ Shadab to undergo imprisonment for life under Sections 304B IPC and under Section 4 of Dowry Prohibition Act, to undergo two years imprisonment and a fine of Rs. 10,000/- and in default of payment of fine, to undergo three months’ further imprisonment. Both the sentences awarded to the accused-appellants are to run concurrently.
2. Brie
Life imprisonment under Section 304B IPC should be rare and must consider socio-economic conditions; proportional sentencing is essential.
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.
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....
The court upheld the conviction of the husband for dowry death while acquitting the father-in-law and brother-in-law due to insufficient evidence, emphasizing the need for clear proof in dowry cases.
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....
Prosecution must prove demand for dowry and harassment soon before death to establish guilt under Section 304B IPC; absence of such evidence leads to acquittal.
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....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
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