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dowry death

This tag is associated with 8 posts

Sec.498 A, 304 B , 306 I.P.C. r/w 34 I.P.C. – Trial court convicted the accused – High court acquitted the accused – Apex court held that In the present case from the evidence of prosecution witnesses particularly of Santoshbai (PW-6), Geeta (PW-7), Chandrakanta (PW-8), Ranjit (PW-9) and Ranchhod Prasad Pande (PW-11), we find that the harassment of the deceased was with a view to coerce her to convince her parents to meet demand of dowry. The said willful conduct has driven the deceased to commit the suicide or not is a matter of doubt, in absence of specific evidence. Therefore, in the light of Clause (b) of Section 498-A IPC, when we hold all the accused Nos.1 to 6 guilty for the offence under Section 498-A IPC, we hold that the prosecution failed to prove that the deceased committed suicide. The accused are, therefore, acquitted for the offence under Section 306 r/w 34 IPC. This part of the judgment passed by the Trial Court thus cannot be upheld. The prosecution on the basis of evidence has successfully proved that the deceased died within 7 years of her marriage; the death of the deceased is caused by burns i.e. nor under normal circumstances. It has also been proved that soon before her death, during her pregnancy the deceased was subjected to cruelty and harassment by her husband and relatives of accused that is accused No.1-Shivpujan, accused No.2-Rajendra, accused No.3-Malti Devi, accused No.4-Anita, accused No.5-Surendra and accused No.6-Virendra in connection with demand of dowry. Therefore, we hold that the prosecution successfully proved with beyond reasonable doubt that accused Nos.1 to 6 are guilty for the offence under Section 304-B, r/w 34 IPC. For the reasons aforesaid, we set aside the major part of the judgment dated 18th August, 2005 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Appeal NO.388 of 2005 except the part relating to offence under Section 306 r/w 34 IPC. = STATE OF MAHARASHTRA … APPELLANT VERSUS RAJENDRA & ORS. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41754

Sec.498 A, 304 B , 306 I.P.C. r/w 34 I.P.C. – Trial court convicted the accused – High court acquitted the accused – Apex court held that In the  present  case  from  the  evidence  of  prosecution  witnesses particularly  of  Santoshbai  (PW-6),  Geeta  (PW-7),  Chandrakanta  (PW-8), Ranjit  (PW-9)  and  Ranchhod  Prasad  Pande  (PW-11),  we  find  that   the harassment of … Continue reading

Sec.498 A, 304 B – death within 9 months of marriage – burnt – the woman was subjected to cruelty soon before her death – prosecution proved its case – trial court and High court rightly convicted the accused – No grounds to interfere – Apex court dismissed the appeal = PRADEEP KUMAR … APPELLANT VERSUS STATE OF HARYANA … RESPONDENT = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41725

 Sec.498 A, 304 B – death within 9 months of marriage – burnt – the woman was subjected to cruelty soon before her death – prosecution proved its case – trial court and High court rightly convicted the accused – No grounds to interfere – Apex court dismissed the appeal =  whether the accused has … Continue reading

Sec. 304 B of I.P.C.- Dowry Death – “SOON BEFORE THE DEATH ” – whether the remaining two ingredients are satisfied looking into the evidence on record. The statement of the complainant PW.1 is general and not specific. No specific incidence has been indicated suggesting the cruelty or harassment made by the accused-Manohar Lal. Her statement is not reliable and not trustworthy. Though the allegation of demand of dowry was made – none of the witnesses including PW.1 stated that the deceased was harassed “soon before her death” for or in connection with demand of dowry. The accused appellant was charge-sheeted under Sections 498-A and 304-B IPC but the Trial Court has not convicted the accused under Section 498-A. In this background, we are of the opinion that the prosecution has miserably failed to prove that the accused harassed the deceased soon before her death for or in connection with a demand of dowry.= MANOHAR LAL … APPELLANT VERSUS STATE OF HARYANA …RESPONDENT= 2014 – July. Part -http://judis.nic.in/supremecourt/filename=41716

Sec. 304 B of I.P.C.- Dowry Death – “SOON BEFORE THE DEATH ” – whether the remaining two ingredients  are  satisfied  looking  into the evidence on record. The statement of the complainant PW.1 is general and not specific.  No specific incidence has been indicated suggesting the cruelty  or  harassment made by the accused-Manohar Lal. Her  statement  is  not  reliable  and  not trustworthy. Though the … Continue reading

Sec.304 B, 306 498 A I.P.C. and sec.3 &4 of Prohibition of Dowry Act – Mere demand of dowry in absence of cruelty can not fasten any liability = All family members are not liable for Dowry death case under sec.304 B I.P.C. r/w sec.113 B of Evidence Act, Unless it is proved their active role or passive connivance in committing the offence , no presumption could be drawn automatically against all = Bhola Ram …..Appellant Versus State of Punjab …..Respondent = Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40958

Sec.304 B, 306 498 A I.P.C. and sec.3 &4 of Prohibition of Dowry Act –  Mere demand of     dowry in absence of cruelty can not fasten any liability = All family members are not liable for Dowry death case under sec.304 B I.P.C. r/w sec.113 B of Evidence Act, Unless it is proved their … Continue reading

SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the husband harassed her dowry etc., Apex court punished the husband under sec.306 and 498 A I.P.C. = Rajeev Kumar …… Appellant Versus State of Haryana ….. Respondent – http://judis.nic.in/supremecourt/filename=40946

SEC. 304 B , 306 AND 498 A I.P.C. – When wife stated that she committed suicide as she     was fed up with the acts of husband with out disclosing the activities – it can not be considered as an offence under sec. 304 B as there is no allegation that soon before her committing suicide the … Continue reading

Sec.306 of I.P.C. but not under sec.304 B I.P.C. – suicide of wife = STATE OF RAJASTHAN Vs. GIRIDHARI LAL Published in judis.nic.in/supremecourt/filename=40859

When there is no evidence that the suicide was committed due to curelty and harassment by her husband for dowry soon before her death, Accused is liable to be punished only under sec.306 of I.P.C. but not under sec.304 B I.P.C. =         whether Babita’s death is  an  instance  of   dowry … Continue reading

for conviction under Section 304B of IPC, it is obligatory on the part of the prosecution to establish that the death occurred within seven years of marriage. Sans the requirement of seven years, in this case, the offence would fall only under Section 498A of IPC. And for that matter, sans any of the five ingredients discussed at Paragraph 6 above herein, the offence will fall out of Section 304B of IPC. It has to be noted that the deceased had two children, the son had died earlier and there is a surviving daughter who is stated to be around seven years. Whether the said age of the daughter is at the time of evidence or at the time of the death of the deceased, is not clear. Neither PW-1, father of the deceased nor PW- 2 Sarpanch or any other witness has given any evidence with regard to the date of marriage. No document whatsoever has been produced with regard to the marriage. There is no evidence even with regard to the date of birth of the children. Also, according to PW-1 father of the deceased, the marriage had taken place five to seven years back. It has to be noted that DW-1 elder devrani/sister-in-law of the deceased had stated in her evidence that the marriage had taken place around eleven years back. Nobody has even spoken on the exact date of marriage. The death reportedly took place on 06.04.1990. The evidence was recorded in 1996. The High Court counted the eleven years from the date of recording of the evidence. However, on going through the evidence, it is not at all clear as to whether the same is with respect to the date of tendering evidence or with respect to the date of the incident. Hence, we set aside the conviction of the appellant under Section 304B of the Indian Penal Code (45 of 1860). The conviction under Section 498A of the Indian Penal Code (45 of 1860) is confirmed. However, taking note of the late evening age of the appellant, the substantive sentence is limited to the period undergone by him during the investigation/trial.

 published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40720 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1308 OF 2013 Gurdip Singh … Appellant (s) Versus State of Punjab … Respondent (s) J U D G M E N T KURIAN, J.:   1. Close to be called a centenarian, the appellant is before us challenging the conviction … Continue reading

or causing “the dowry death” of his wife Savita, the appellant is convicted under section 304-B and is given the minimum statutory sentence of 7 years rigorous imprisonment and a fine of Rs.1,000/- with the default sentence of rigorous imprisonment for three months. He is additionally convicted under sections 306 and 498-A. Under these two sections he was sentenced to imprisonment for lesser periods and all the sentences were directed to run concurrently. =in course of his examination under section 313 of the Code of Criminal Procedure it was repeatedly put to the appellant that Savita committed suicide by setting herself on fire in face of his persistent demand for dowry (see question Nos. 15, 16, and 24). The appellant of course denied the accusation saying “it is false” but he never said before the trial court that Savita caught fire accidentally by falling down on the chulha. It is, thus, clear that the plea of accidental fire is being raised for the first time before this Court and hence, it can not be entertained. 8. In the result, we find no merit in the appeal, it is accordingly dismissed.

1   NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.11 OF 2006 Sharad … Appellant Versus The State of Maharashtra … Respondent J U D G M E N T Aftab Alam,J.   1. For causing “the dowry death” of his wife Savita, the appellant is convicted under section 304-B … Continue reading

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