Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Reduction of sentence - Appeal pending since 15 years - Appellants have no other criminal antecedents - Fact that appellant `P' a lady aged more than 80 years has undergone approximately 11 months in custody - Appellant `G' aged more than 50 years has undergone approximately 2 years 4 months in custody - Further,..........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence on record that there was any complaint of dowry prior to incident - Neither there is any statement before I.O regarding demand of dowry or causing cruelty to deceased - It cannot be concluded that deceased was tortured for dowry - Deceased committed suicide because accused not permitted her to go close to her..........
Indian Penal Code, 1860, Section 302, 498A, 34, Evidence Act, 1872, Section 32, 3 -- Dowry death - Dying declaration - Deceased sustained 90% burn injuries - Testimonies of father and mother of deceased do not repose confidence that any specific demand of dowry was made by appellant, brother-i, law of deceased or that he was responsible for torturing, beating or demanding..........
Criminal Procedure Code, 1973, Section 362, Indian Penal Code, 1860, Section 498A, 406 -- Recall of order quashing FIR - Order cannot be recalled as Court becomes functuous officio...........
Indian Penal Code, 1860, Section 498A, 323, 406, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Allegation against distinct relatives of husband of complainant - Omnibus allegations of demanding money and assault have been levelled against all persons named in complaint - No specific date and time has been given to said incident in the complaint - Only allegation..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - No specific allegation against accused/sister-in-law of husband of deceased - Allegations were against husband of deceased and other family members - Suicide note as written by deceased lost its relevance as husband of deceased died during course of trial - Deceased was dying voluntarily - Nobody..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - U, natural death - Ocular evidence of family members of deceased of no help because they were not an eye witness of the occurrence - Prosecution failed to prove that deceased had died an unnatural death - Prima facie defence on the other hand shows that deceased was ill and her husband had taken her to..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased committed suicide by consuming poison - Marriage of deceased with accused solemnized in 1995 and incident occurred in 2004 - No complaint was ever made by complainant with police or panchayat or other relations - Prosecution has not led tangible evidence to prove that accused had treated..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, 34 -- Anticipatory bail - Offence u/ss 304-B, 498-A, 34 IPC - Petitioners are mother-i, law and sister-i, law of deceased - Deceased committed suicide within 4-1/2 years of her marriage - Various transactions on record regarding demands of dowry made by petitioners from deceased - All..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Indian Penal Code, 1860, Section 498A -- Quashing of proceedings - Offence u/s 498A IPC - Compromise between parties - Parties resolved to withdraw all civil and criminal cases of any nature against each other - Continuation of proceedings against husband in such case would be sheer abuse of process of law -..........
