STATE OF BIHAR Vs. SANTOSH KUMAR

JUDGEMENT

(1.) Dowry is a social evil. No wonder, therefore, that the Legislature has made stringent laws to deal with the devilish acts of dowry by enacting the Dowry Prohibition Act, 1961 and incorporating, in the Indian Penal Code too, Sections 498A and 304B. Though the menace of dowry still survives, what needs to be borne in mind is that howsoever serious a charge may be against an accused, the offence, alleged to have been committed by him, must be proved in accordance with law. Gravity of an offence cannot make admissible a piece of evidence, which is, otherwise, inadmissible. It is the duty of the court to ensure that every piece of evidence, which it considers against an accused, is admissible in law, for, howsoever grave the charge against an accused may be, he can be convicted only and only when, we must remember, he is proved guilty in accordance with law.

(2.) By the judgment, dated 01.12.2014, passed, in Sessions Trial No. 206 of 2010, by learned 4th Additional Sessions Judge, Muzaffarpur, the sole appellant, namely, Santosh Kumar, stands convicted under Sections 302 and Section 201 read with Section 34 of the Indian Penal Code. Following his conviction under Section 201 read with Section 34 of the Indian Penal Code, the sole accused-appellant has been sentenced, under the order, dated 04.12.2008, to undergo rigorous imprisonment for five years and pay a fine of Rs.5,000/- and, in default of payment of fine, suffer simple imprisonment for a period of six months. Following his conviction under Section 302 of the Indian Penal Code, the sole appellant has been sentenced to death.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under: