PARAMJIT vs STATE OF DELHI CRLA 566/01 12/05/17 [ DELHI HIGH COURT]

Dowry death – Aggrieved by the judgment of conviction convicting the appellants finding them guilty under Sections 304B/34 and 498A/34 IPC and order on sentence vide which the appellants were sentenced to undergo seven years rigorous imprisonment for the offence under Section 304B/34 IPC – The scope of convicting an accused under Section 302 IPC i.e. for commission of murder and Section 304B IPC i.e. dowry death are altogether different. The ingredients of both these Sections are also separate.

In convicting an accused under Section 302 IPC, the prosecution is bound to prove its case either by way of direct evidence or with the connecting chain of circumstances, whereas convicting an accused for commission of dowry death specific circumstances are to be established. In the present case, since co-convict has already been convicted under Section 302 IPC by treating the death of deceased as murder, no case is made out against the appellants to convict them under commission of dowry death of the deceased.

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PARAMJIT KAUR & Mangat Singh V:s State The Law Literates Judgment

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