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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIVEK RUSIA, ANIL VERMA
Sunil S/o Anandilal Ji Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
ANIL VERMA, J.
1. The appellant has preferred present criminal appeal under Section 374 of Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') against the impugned judgment dated 28.4.2014 passed by 3rd Additional Sessions Judge, Dhar District Dhar (M.P.) in Sessions Trial No. 143/2013, whereby the appellant has been convicted and sentenced as under:-
| Conviction | Sentence | |||
| Section | Act | Imprisonment | fine | imprisonment in lieu of fine |
| 302 | IPC | Life imprisonment | Rs. 2,000/- | 1 years RI |
| 498-A | IPC | 2 years RI | Rs. 1,000/- | 3 months RI |
| 201 | IPC | 5 years RI | Rs. 2,000/- | 6 months RI |
| 4 | Dowry Prohibition Act | 1 years RI | Rs. 1,000/- | 3 months RI |
The jail sentence has been directed to run concurrently.
2. It is admitted fact that marriage of deceased Shweta was solemnized with appellant on 14.4.2012 and she has been died on3.2.2013.
3. As per prosecution story after the marriage appellant Sunil used to harass her wife deceased Shweta for non fulfillment of demand of dowry, as a result of which either she committed suicide or she was murdered by appellant. On 3.2.2013 Shewata was brought dead at government hospital Badnawar. Her postmortem was conducted by Dr. Sheela Mujalda (PW-6) and Dr. M.M. Upasani (PW-9) and as per their
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.
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.
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The court affirmed the conviction for murder and dowry death, establishing a proximate link between dowry-related cruelty and the victim's death.
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 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.
Persistent dowry demands and cruel treatment resulted in the presumption of guilt for murder; circumstantial evidence and statutory presumptions under Section 113-B of the Evidence Act applied.
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.
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....
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