PRADEEP YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant criminal appeal is directed against the conviction of sole appellant under Sec. 304B of the Indian Penal Code vide judgment of conviction and order of sentence dtd. 17/6/2015 passed by learned District and Additional Sessions Judge-I, Godda in S. T. Case No.72 of 2006, whereby the sole accused has been sentenced to undergo R.I. for ten years for the offence punishable under Sec. 304B of IPC.

(2.) Learned counsel for the appellant submitted that there are no materials to convict this appellant for the charge framed under Sec. 304B of the Indian Penal Code. It is his contention that charge could not have been framed under Sec. 304B of the Indian Penal Code as it is apparent from the First Information Report itself wherein the informant had stated that the marriage of the deceased along with the appellant had taken place eight years ago. He further argued that there is no evidence that there was any demand for dowry soon before her death. It is his contention that the charge was only framed under Sec. 304B of the Indian Penal Code and not under Sec. 302 of the Indian Penal Code and when the basic ingredients of demand of dowry fails, the appellant is bound to be acquitted. He lastly argues that just because the appellant is the husband of the deceased, without any material he has been convicted.

(3.) Learned A.P.P. for the State submitted that though in the FIR it has been mentioned that marriage had taken place eight years back but the evidence of the witnesses clearly suggest that marriage had taken place within seven years of the date of the death. There is consistent evidence that dowry was demanded and the death is unnatural. When all these three ingredients are complete, the onus shifts upon the accused to prove his innocence. In the instant case the appellant has failed to discharge his burden thus it is presumed that the appellant being the husband, is guilty of committing dowry death. The trial Court has correctly convicted the appellant which needs no interference.