Indian Penal Code, 1860, Section 306 -- Dowry death - Bride committing suicide by jumping before the running train within 5 months of marriage - Allegation that accused husband raised demand for colour TV and dowry - No evidence that deceased was harassed or subjected to cruelty soon before her death - Two days earlier to the suicide, husband left deceased at her parental..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Evidence of father and brother of deceased that accused (husband) was harassing deceased by making demand of scooter and nothing else - Held, veracity of evidence of these two witnesses cannot be doubted - Had this allegation be false, nothing could deter these witnesses from mentioning other articles purported to have..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Bride committing suicide within 3 years of marriage - Accused (husband) and his parents did not furnish satisfactory explanation as for what reason and under what circumstances she committed suicide - Held, presumption u/s 113-B of Evidence Act is that accused are responsible for dowry death...........
Evidence Act, 1872, Section 113A, 113B -- Scope - Difference between the two provisions - Presumption as to dowry death - Use of word `shall' in S.113-B makes it mandatory on the part of Court to presume that death had been committed by the person who had subjected her to cruelty or harassment in connection with or demand of dowry...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death of bride within two and half years of marriage at matrimonial house - Demand of scooter, a day before occurrence on the part of accused, who are husband and mother in-law of deceased - No material evidence substantiating such demand and allegations of cruelty - Rather evidence of father of deceased to the effect..........
Indian Penal Code, 1860, Section 306, 498A -- Death by burn injuries - Husband and his father harassed deceased in connection with unfulfilled dowry demands - Statement of prosecution witnesses i.e. father and brother of the deceased showed that entire story with regard to the factum of cruelty, manner in which deceased was dealt with, and the behaviour of the accused..........
Indian Penal Code, 1860, Section 306, 498A -- Suicide by a woman after 6 years of marriage - Prosecution of husband, his mother and father on ground that they were harassing deceased by making dowry demand - All the accused acquitted because of following circumstances: (a) No evidence that there was ever demand of dowry during six years of marriage; (b) Dispute arose as it..........
Indian Penal Code, 1860, Section 306 -- Abetment to suicide - Deceased, wife of accused got married in 1982 and committed suicide in 1985 - Deceased was harassed and maltreated on account of dowry demand - Father and mother of deceased deposed about the instances of maltreatment which are mainly of the year 1982 - Held, the instances of 1982 cannot be regarded as the..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
Evidence Act, 1872, Section 32 -- Cruelty - Father, mother and brother of deceased quoted instances for proving cruelty which according to them was told by deceased to them while she visited their place - Held, evidence of father, mother and brother is admissible u/s 32(1) of Evidence Act so far it related to the cause of death - But evidence of these witnesses that..........
