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HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, SIDDHARTHA SAH
Anil Ghildiyal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
Instant appeal is preferred against the judgment and order dated 29.08.2019/31.08.2019, passed in Sessions Trial No.09 of 2019, State vs. Anil Ghildiyal, by the court of Additional Sessions Judge Bageshwar. By it, the appellant has been acquitted of the charge under Section 3 02 IPC and Section 3 of the Dowry Prohibition Act, 1961 (“the Act”) and has been convicted under Sections 304 -B, 498-A and Section 4 of the Act and sentenced as hereunder:-
(i) Under Section 304B IPC :- To undergo imprisonment for life.
(ii) Under Section 4 of the Act:- To undergo rigorous imprisonment for a period of one year with a fine of Rs.10,000/-. In default of payment of fine, to undergo rigorous imprisonment for a further period of one month.
2. Heard learned counsel for the parties and perused the record.
3. The prosecution case, as unfolded is as follows. The deceased Neema and the appellant were married on 21.02.2018. On 26.03.2019, the deceased was found dead at the bank of river Saryu in District Bageshwar. PW1 Gopal Dhyani, the brother of the deceased lodged an FIR with the allegations that the appellant was working as a Driver in the Police Department. After ma
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The main legal point established in the judgment is that the prosecution must prove that the deceased was subjected to cruelty and harassment for or in connection with the demand of dowry, leading to....
The prosecution established that the accused subjected the deceased to continuous harassment for dowry, leading to her suicide within seven years of marriage, warranting conviction under Section 304-....
The prosecution must prove demand for dowry and cruelty to establish a dowry death under Section 304B IPC, leading to a presumption of guilt against the accused.
Conviction for dowry-related death established by evidence of harassment, leading to presumption under section 113-B of Evidence Act, as death occurs within 10 months of marriage.
(1) Composite order of sentence for two proved charges without specifying charge for which sentence is being passed and without explaining as to how composite sentence would meet end of justice can n....
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