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SATYENDRA KUMAR SINGH
Rajesh @ Nana – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973(2 of 1974) [in short Cr.P.C.] being aggrieved by the judgment dated 30.03.2017 passed by the Court of Special Judge (SC/ST Act) & Additional Sessions Judge, Ratlam in S.T. No. 33/2012, whereby the appellant has been convicted for the offence punishable under Section 304-B of Indian Panel Code, 1860 (in short 'IPC') and sentenced him to life imprisonment with fine of Rs.1500/- with default stipulation.
2. The prosecution case in brief is as follows:
(i) Appellant Rajesh @ Nanna and deceased Reena were husband and wife and their marriage was solemnized about 5 years prior to the incident. After about one and a half years of their marriage, appellant alongwith co-accused persons i.e. appellant's father Amratlal, mother Kalabai and sister Pinky started dowry demand cruelty with her. They were demanding an amount of Rs.2 lakhs for starting the business of the appellant and when their demands were not fulfilled, they harassed her mentally and physically about which she had made complaint against them, on the basis of which FIR dated 26.08.2011 (Ex.P-16) for t
The main legal point established in the judgment is the reliance on dying declaration and other evidence to establish guilt under Section 304-B of the IPC in cases of dowry demand cruelty.
Dying declarations must be consistent for legal value; inconsistent declarations undermine grounds for conviction under dowry death charges.
The central legal point established in the judgment is the requirement to prove dowry demand for conviction under Section 498-A I.P.C. and the scrutiny of the dying declaration and medical evidence f....
Circumstantial evidence must establish guilt beyond reasonable doubt; appellant convicted for dowry death after proving ongoing cruelty, not murder.
For a conviction under S.304-B, evidence of recent cruelty or harassment is essential; absence of such evidence leads to acquittal.
The conviction for dowry death requires proof of harassment and demand for dowry preceding the death, establishing a presumption that the accused caused the death, which is rebuttable by the defense.
A dying declaration, when determined to be voluntary and free from tutoring, serves as a reliable evidentiary basis for conviction under Sections 498-A and 304-B of the IPC and Section 4 of the Dowry....
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