Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Deceased died within one year after marriage - Evidence of witnesses does not disclose that accused had made any demand of dowry at any point of time - Dead body of deceased was given to accused by police - Parents of deceased had not told police that accused is person who was responsible for death..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - It is not only essential to show that victim was subjected to cruelty or harassment by her husband or his relatives, but further that such cruelty or harassment was for or in connection with any demand for dowry and also that same occurred soon before her death - Emphasis..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There is presumption of dowry death u/ss 498-A and 304-B if : (a) Death takes place within seven years of marriage; (b) Death is unnatural; (c) The death is coupled with cruelty or harassment by the husband or any member of the husband's family in connection with a demand for dowry; (d) there has to be cruelty..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Where unnatural death of deceased occurred within 7 years of her marriage, contention of accused that it was suicidal death will pale into insignificance...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Husband tried to save wife, which was corroborated by defense doctor - Said act of husband will go to show that there was less culpability in bringing him and to life of deceased - Lenient view thus, can be taken in sentencing accused...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Allegation against husband of deceased - Unnatural death of deceased occurred within 7 years of her marriage - Deceased was so harassed even her father told her that she may live or die in her matrimonial home - Parents of deceased refused to take her back to..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Sentence - Father-in-law and mother-in-law though not present at the place of offence, but since it was unnatural death, 7 years of incarceration with all remissions would suffice for both of them...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 498-A, 304-B IPC and Ss.3, 4 Dowry Prohibition Act - Quashing of proceedings - High Court dismissed the application to quash proceedings by quoting principles of law to decide application u/s 482 Cr.P.C. without referring to..........
Indian Penal Code, 1860, Section 304B, 302, Evidence Act, 1872, Section 106 -- Dowry death - Death by burning - Plea of accidental fire - Accused and deceased were alone in the shop at the time of incidence - According to site plan no fire crackers were found in the shop - Prosecution proved that accused gave danda blow on the head of deceased and thereafter put her on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Dowry death - Cruelty - Investigation of case is complete - Trial Court yet to take a call on report filed by police - Petitioners had already been in jail around a year - Bail granted...........
