WEATHER SAPNA’S CASE FALLS UNDER SEC.304B OF IPC i.e DOWERY DEATH ?

it is humbly contented before this honourable court that the accused is guilty
of committing the offence of dowery death under sec304B of IPC.

ESSENTIALS OF SEC. 304B OF IPC ARE:

1) Death must be caused by burns or bodily injury or it must occur thsn in

normal circumstances.
2) Death must occur within seven years of marriage; and
3) It must be shown that soon before her death the woman was subjected
to cruelty or harassement by her husband or any relative of her
husband.
4) Such cruelty or harassement must be for or in connection with any
demand for dowry.
5) Here the dowry must have the meaning as assigned to it under sec2 of
dowery prohibition act ,1961

1) Death must be caused by burns or bodily injury or it must

occur than in normal circumstances.
the prosecution humbly submits that first ingredient is fulfilled as sapna was badly
burnt.she collapsed on the road and was declared 88% burnt by the doctor. The burns
on sapna’s body were the main cause of her death.

2) Death must occur within seven years of marriage

the prosecution humbly submits that second ingredient is fulfilled as sapna’s got
married on 27th November 2016 and the unfortunate incident of her death occurred on
4th November 2019. So their wedlock was about ro complete the third year of their
marriage . hence the death of sapna occurred with in 7 years of marriage.
3) It must be shown that soon before her death the woman
was subjected to cruelty or harassement by her husband or
any relative of her husband.
the prosecution humbly submits that third ingredient is also fulfilled as sapna was being
physically and mentally harassed . Accused used to harass sapna by making frequent
fights and passing hurting comments like she belongs to the beggars family. Physical
violence was also done to sapna as their usual fights used to turn to physical beatings.

4) Such cruelty or harassement must be for or in connection

with any demand for dowry.
The prosecution humbly submits that fourth ingredient is also fulfilled as accused used to
constantly demand dowry from sapna’s family. Accused also took RS.10lacks from sapnas
family as a loan. But at later stage he refused to return that sum of money. And accused
wanted some more such pleasures from sapnas family.

5) Here the dowery must have the meaning as assigned to it

under sec2 of dowery prohibition act ,1961
According to sec2 of dowery prohibition act ,1961 “dowry” means:

any property or valuable security given or agreed to be given either directly or

indirectly— (a) by one party to a marriage to the other party to the marriage; or (b) by
the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person; at or before 2 [or any time after the marriage] 3 [in
connection with the marriage of the said parties, but does not include] dower or mahr in
the case of persons to whom the Muslim Personal Law (Shariat) applies. 4 * * * *
here the dowery was meant the same as states under the
aforesaid section.

Therefore ,it is humbly submitted before this hon’ble court that the charge under sec
304b of IPC has been made and proved and the accused should be convicted for the
same.

WEATHER THIS CASE FALLS UNDER SEC34 OF IPC?

The prosecution humbly submits that there was common intention made by the accused
Which can be proved on the basis of dying declaration made by sapna.
Sec.34 states that WHEN THE CRIMINAL ACT IS DONE BY SEVERAL PERSONS IN
FURTHERENCE OF THE COMMON INTENTION OF ALL , EACH OF SUCH PERSON IS LIABLE
FOR THAT ACT IN YHE SAME MANNER AS IF IT WERE DONE BY HIM ALONE.
FOLLOWING ARE THE INGREDIENTS OF SEC 34 OF IPC:
1) Some criminal act
2) Criminal act done by more than one person
3) Criminal act done by such persons in furtherance of the common intention of all of
them.
4) Common intention in the sense of pre arranged plan between such persons.
5) Participation in some manner in the act constituting the offence by persons sought
to be prosucted;
6) Physical presence at the time of commission of crime of all the persons or at times
presence of all is not necessary.

In this case all these ingredients are fulfilled as Manan along with his mother made a
plan to kill sapna . Manan’s relation with Sapna was deteriorating and he used to
frequently fight with sapna. He even used to give blows to sapna.Even mother in law
of sapna was not in good terms with sapna. Arguments between them became the
usual practise . She was also present at the crime scene. Sapna also stated the fact in
her dying declaration that manan and her mother in the furtherance of the common
intention tried to kill her.
Weather the accused is liable for murder and is liable for
punishment under sec.302 read with sec300 of ipc?
it is humbly contented before this hon’ble court that the
accused is guilty of committing the offence of murder
under sec302 read with sec300 of IPC .