Wrongly Convicted Database Record

 

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Mother of Sandeep Kumar

 

Charge:

Dowry death homicide

Sentence:

Life Imprisonment

Years Imprisoned:

3

Year Crime:

2011

Year Convicted:

2017

Year Cleared:

2020

U.S. State or Country of Crime:

India

County or Region of Crime:

Uttarakhand

City of Crime:

Haridwar

Result:

Judicially Exonerated

Summary of Case:

"Sandeep Kumar, and his father and mother were wrongly convicted in 2017 of Dowry Death (Sec 304B IPC) in the death of his wife on January 23, 2011 in Haridwar, Uttarakhand, India. It was determined that Kumar's wife died from poisoning. Kumar, and his mother and father were prosecuted for Dowry Death, and they were acquitted by the trial court. Kumar's father appealed the verdict, and in 2017 the Court of Appeals found them guilty, and they were sentenced to life in prison. The defendants appealed, arguing that the death of Kumar's wife from unnatural causes had not been proven by the prosecution. On December 2, 2020 a three-justice panel of the Indian Supreme Court set-aside their convictions and ordered their acquittal on the basis of insufficient evidence proving their guilt beyond a reasonable doubt. The Court ruled that the cause of Kumar's wife had not been established to have been unnatural as required by law. The Court also ruled the prosecution failed to introduce evidence proving Kumar's deceased wife had been subjected to cruelty or harassment in connection with a demand for dowry soon before her death."

Conviction Caused By:

Innocence Proved By:

"On December 2, 2020 a three-justice panel of the Indian Supreme Court set-aside their convictions and ordered their acquittal on the basis of insufficient evidence proving their guilt beyond a reasonable doubt. The Court ruled that the cause of Kumar's wife had not been established to have been unnatural as required by law. The Court also ruled the prosecution failed to introduce evidence proving Kumar's deceased wife had been subjected to cruelty or harassment in connection with a demand for dowry soon before her death."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Skin/Ethnicity:

Indian

Information Source 1:

Sandeep Kumar and others v State of Uttarakhand and others (SLP(Crl) No.1512-1513 of 2017) (Reserving conviction and acquitting the three defendants.)

Information Location 1:

https://www.livelaw.in/pdf_upload/pdf_upload-385455.pdf

Information Source 2:

"Dowry Death - No Conviction Under Section 304B IPC If Unnatural Death Is Not Established: Supreme Court, By Staff, Livelaw News Network, Dec. 4, 2020"

Information Location 2:

https://www.livelaw.in/know-the-law/dowry-death-section-304b-ipc-supreme-court-unnatural-death-166833

Information Source 3:

Section 304B in The Indian Penal Code -- 304B. Dowry death

Information Location 3:

https://tinyurl.com/yb3vlo9l

Information Source 4:

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Information Source 5:

Information Location 5:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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