Indian Penal Code, 1860, Section 498A-- Cruelty - Allegations of torture and assault on victim on account of non fulfillment of demand of dowry - Witnesses supported prosecution case that after marriage deceased used to be tortured and assaulted by the appellants and they were demanding dowry of Rs.15, 000/- - Evidence that appellants..........
Indian Penal Code, 1860, Section 304B-- Dowry death - Evidence of witnesses - Witnesses neighbours and washerman - Deposed that they did not notice any quarrels - Witnesses turned hostile - It is immaterial - Simply because there were no quarrels which were not noticed by neighbourers and washerman, one cannot rule out same - Only..........
Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - No evidence of administering poison - Cramps on body due to fit of epilepsy - Delay in lodging FIR fatal - Circumstantial evidence weak as it not forming a chain - No evidence of cruelty - Acquittal sustained...........
Evidence Act, 1872, Section 113B-- Presumption - There must be material to show that soon before the death of woman, such woman was subjected to cruelty or harassment for or in connection with demand of dowry, then only a presumption can be drawn that a person has committed the dowry death of a women - It is then up to the..........
Indian Penal Code, 1860, Section 304B, 201-- Conviction u/ss 304-B, 201 IPC - Appeal against - PWs8 and 9 not witnesses of demand of dowry - No previous report lodged regarding demand of dowry - Demand of motor cycle not mentioned in Ex.P-10 and same not corroborated by PW9 - Delay of 10 days in lodging FIR and no reasonable explanation..........
Indian Penal Code, 1860, Section 304B, 300-- Dowry death - Deceased died due to burn injuries - Presence of kerosene oil in Can - Consistent evidence that accused committed cruelty and torture upon deceased in connection with demand of dowry - No conclusive evidence that accused person committed murder of deceased - Death of deceased was..........
Indian Penal Code, 1860, Section 304B, 498A-- Cruelty and dowry death - Victim died unnatural death at her sasural within 7 years of her marriage - There was evidence of torture relating to demand of dowry till before her death - Conviction upheld...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32-- Dowry death - Dying declaration - Reliability - Deceased stated that 9 accused caught hold her, poured kerosene on her and set her on fire - Married sister-in-law and their husbands also named by deceased who were residing at different houses situated far away - Room in which incident allegedly..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A-- Dowry death - Statements made by the deceased to her parents, brother and other acquaintances before her death are admissible in evidence u/s 32 of the Evidence Act to prove the offence of dowry death u/s 304-B of IPC - They can be used for the purpose of S.498-A IPC - However, for an offence u/s..........
Hindu Marriage Act, 1955, Section 13, 25-- Divorce petition by wife - Ground of cruelty and ill treatment for demand of dowry - No evidence to prove the fact of pouring kerosene upon the body of the wife - Likewise, no evidence on record to prove the allegation with regard to adultery or bad character of husband - Only vague and bald..........
