Indian Penal Code, 1860, Section 498A -- Cruelty - There was dispute between deceased and accused prior to occurrence, as Rs.50,000 was demanded by accused from parents of deceased - Deceased was harassed for such dowry demand - Evidence of father of deceased proved said fact which was corroborated by evidence of PW13 - Charge u/s 498-A IPC held, proved against accused -..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 147, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - FIR discloses commission of a cognizable offence - No material on record that proceedings initiated by means of FIR are vexatious, frivolous or otherwise illegal - FIR cannot be quashed...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Complainant could not bring home case against accused by leading evidence proving commission of alleged offences beyond all manner of doubt - Two Courts below have recorded concurrent findings of fact in this regard - No infirmity found in said findings - Accused rightly acquitted...........
Evidence Act, 1872, Section 45, Indian Penal Code, 1860, Section 304B, 498A -- Offence u/ss 498-A, 304-B IPC - Suicide note seized by police during investigation - Comparison of handwriting of suicide note - Suicide note an important piece of evidence and could prove vital for a just decision of the case - Defence cannot be deprived of opportunity of having the document..........
Indian Penal Code, 1860, Section 406, 498A, 506 -- Misappropriation of Istridhan - Cruelty - Criminal intimidation - Vague allegations were made by wife that dowry article are lying in custody of i, laws who did not allow her to use and misappropriated it, particularly when accused are residing in two distinct and different towns - Even no single instance of substantive..........
Indian Penal Code, 1860, Section 304B, 498A, 406, 302, 201, 34, Evidence Act, 1872, Section 138 -- Offence u/ss 304B, 498A, 406, 302, 201, 34 - Re-examination of witnesses - Failure by Public Prosecutor - Such omission by public prosecutor only amounts to lapse on his part and does not affect the case of prosecution, when corroborated with other evidence available on..........
Indian Penal Code, 1860, Section 498A, 406, Evidence Act, 1872, Section 3 -- Cruelty - Appreciation of evidence - Appeal against acquittal - There is no specific instances of cruelty suffered by deceased at the hands of her-in-laws which were continuous thus, there is no live link between demand so made by accused persons and death of deceased - Trial Court rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 498A, 304B, 34 -- Bail - Offence u/ss 302, 498-A, 304-B, 34 IPC - Deceased died because of hanging after more than 5 years of marriage - Postmortem report nowhere indicates any injury on her person, which is sufficient to establish that she died because of hanging - Even, attached medical..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 406, 506, 498A -- Anticipatory bail - Offence u/ss 323, 406, 506, 498-A IPC - Admittedly, petitioner has joined the investigation, though recovery of some gold articles is yet to be effected from him, which is probability a debatable issue and the same may not be an impediment for grant of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 498A, 34 -- Anticipatory bail - Abetment of suicide - Cruelty - Allegation of harassment on account of demand of dowry and beatings given by accused to deceased though levelled in FIR, however, it remains unexplained as to why in case deceased was harassed in this manner since 2010, her..........
