J U D G M E N T

05th September 2024 Per Ananda Sen, J.: We have heard learned counsel appearing for the appellant and learned counsel for the State at length.

2. This appeal arises out of judgment of conviction dated 17.01.2018 and order of sentence dated 23.01.2028 passed by learned Additional Sessions Judge-1st-cum Special Judge, FTC, Jamshedpur, East Singhbhum in Sessions Trial No. 01 of 2014 whereby and whereunder appellants have been convicted under section 304B of IPC. Appellant no. 1 was sentenced to RI for 8 years and appellant no. 2 was sentenced to RI for life.

3. Mrs. Moushmi Chatterjee, the learned counsel for the appellants submitted that the prosecution has failed to establish basic ingredients of Section 304B of the Indian Penal Code. None of the witnesses have stated that soon before death there was demand of dowry and the deceased was subjected to cruelty in reference to it. In absence of the aforesaid ingredients the appellants cannot be convicted under section 304B of the Indian Penal Code. It is argued that alternative charge under section 302 of the Indian Penal Code has failed and there is no evidence of dowry death to prove the charge under section 304B of IPC.