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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
RAJESH SINGH CHAUHAN, INDRAJEET SHUKLA
Ram Rati – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Indrajeet Shukla, J.
For the sake of convenience, instant judgment is divided into following parts:
| Index | |
| Serial No. | Heading |
| 1 | Introductory facts |
| 2 | Case of prosecution |
| 3 | Scope of criminal appeal (Being first appeal against conviction) |
| 4 | Relevant statutory provisions and authoritative pronouncements |
| 5 | Analysis of evidence |
| 6 | Contentions raised on behalf of appellants |
| 7 | Submissions on behalf of the State |
| 8 | Conclusion |
| 9 | Proportionality of sentence |
Introductory Facts
1. Embittered with the impugned judgment and order of conviction and sentence dated 05.08.2019 passed by the learned Additional District & Sessions Judge/Special Sessions Judge (Prevention of Corruption Act), Court No. 6, Lucknow, in Session Trial No. 440 of 2013 (State Vs. Sunil Kumar & others), arising out of Crime No. 119 of 2012, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Mall, District Lucknow, instant appeal has been preferred before this Court.
2. Conviction and sentence awarded against the appellants under different penal provisions are tabulated as under:
Case of Prosecution
3. The prosecution story in nutshell as disclosed by first informant Santosh Kumar is, his daughter Sujata
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) Life sentence – When an offender is sentenced to undergo imprisonment for life, incarceration can continue till end of life of accused – However, it is subject to grant of remission under provisi....
Life sentence – A special category of sentence, instead of death, can be substituted by punishment of imprisonment for life or for a term exceeding 14 years and that category can be put beyond applic....
The main legal point established in the judgment is that the dying declaration can be the sole basis for conviction if found to be true and reliable, and that sentencing should consider the reformati....
Dowry Death - Dying declaration - Conviction can be based on dying declaration alone without corroboration if the court finds the dying declaration trust-worthy and genuine.
Quantum of sentence – There can be no straitjacket formulae – A delicate balance has to be struck – Fundamental underpinning is principle of proportionality.
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