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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, B.P.SHARMA
State Of Madhya Pradesh – Appellant
Versus
Neelesh – Respondent
ORDER :
B. P. Sharma, J.
At the very outset, learned counsel for the respondent submits that respondent No.5 Smt. Merabai had died on 13-02-2023 during the pendency of this appeal. Her death certificate is taken on record. Therefore, appeal abates with regard to respondent No. 5-Smt. Merabai.
2. This petition has preferred by the State being aggrieved by the judgment/order of acquittal dated 29.08.2022 passed in Session Trial No.38/2019 by Session Judge Harda, District Harda (M.P.), whereby the Learned Trial Court has acquitted the accused/ respondents from the offence punishable under section 498-A, 304-B/34, 306/34 of Indian Penal Code.
3. The prosecution case, in brief, is that deceased Monika was married to the accused Nilesh on 29.04.2017. Soon after the marriage, the accused began taunting Monika for bringing insufficient dowry, repeatedly stating that she had brought nothing and that the articles given were of poor quality. On account of these demands, Monika was subjected to continuous physical and mental cruelty by the accused persons, which she used to disclose to her father and her family members. Within two years of marriage, Monika visited her parental home at village Moh
(1) Cruelty and dowry death – Once all necessary ingredients of dowry death have not been proved beyond reasonable doubt, presumption under Section 113-B of Evidence Act would not be available to pro....
A lack of corroborated evidence can undermine a dowry-related conviction under IPC Section 304-B.
The court confirmed the conviction of the accused for dowry death, establishing that continuous cruelty and harassment linked to dowry demands led to the victim's suicide.
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 that dowry death can be established through evidence of demand and torture, even if not immediately preceding death, under IPC Sections 498-A and 304-B.
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