2016 (5) ALJ 78 ::(2016) 3 AllCriR 2830 ::(2016) 96 AllCriC 30

Allahabad High Court

Hon'ble Judge(s): Sudhir Kumar Saxena, Alok Kumar Mukherjee , JJ

(A) Indian Penal Code (45 of 1860) S. 304 -B, 498-A — Dowry death — Proof — Death of deceased took place within seven years of marriage — Specific evidence of demand of motorcycle and cruelty caused therefor — Death caused due to asphyxia due to three broken rings of trachea — Ingredients of S 304-B attracted — Accused failed to lead any cogent evidence to rebut presumption — Conviction of accused husband under Ss 304-B and 498-A, proper (Paras 7, 8, 9)

(B) Indian Penal Code (45 of 1860) S. 304 -B — Dowry death — Sentence — Accused, husband is a young man lying in jail for last 9 years — Death took place after 4 years of marriage — No external injuries — No reasons for awarding maximum sentence given — For giving maximum sentence of life imprisonment, there must exist special reasons on record so as to make it a rare case — Not a rare case attracting maximum penalty — Accused sentenced for period of 10 years R I 2014 AIR SCW 6416, AIR 1995 SC 120, AIR 2003 SC 809, AIR 2010 SC (Supp) 600, Rel on (Paras 11, 12, 13)