Indian Penal Code, 1860, Section 498A -- Second wife - When husband, relative or society consider and recognize second wife as a wife then second wife is not excluded from the purview of S.498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Suicide note - As per note, no one held responsible for her death - She stated that she is committing suicide because she is unable to continue to remain in matrimonial house - Neither she was being victimized and harassed - Nor she was tortured for dowry demand - Original note taken in custody by prosecution but..........
Criminal Procedure Code, 1973, Section 438, 482, Indian Penal Code, 1860, Section 306, 498A -- Anticipatory bail - Grant of - Cruelty and abetment of suicide - There is no suicidal note - There was no complaint or any action by deceased or any of her relatives against petitioner for alleged harassment or abetment prior to her death - Statement of complainant, i.e. sister..........
Indian Penal Code, 1860, Section 498A, 306 -- Appeal against acquittal - Only evidence of mother of deceased reflects that deceased was harassed by accused - No supported documentary evidence like letter which is said to have written by deceased to her produced - Nor any evidence of witness supported version of mother of deceased - Held, prosecution miserably failed to..........
Indian Penal Code, 1860, Section 498A,406 -- Dowry demand - FIR lodged against elder brother of husband making allegation of demand of dowry - Complainant contracted inter caste love marriage with younger brother of accused and thus younger brother was disowned by his father - Complainant and her husband were living separate for the last 6 years - Vague allegation made in..........
Indian Penal Code, 1860, Section 498A,406 -- Demand of dowry and criminal breach of trust - There must be specific allegations/overt acts and prima facie material to indicate that dowry articles were actually entrust and misappropriated - In-laws and other relations cannot, in all cases, be held to be involved in the demand of dowry - When such accusation is made, the..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177,178,179,182,482 -- Cruelty - Cause of action - Jurisdiction of Court - Harassment and cruelty as alleged was caused at hands of husband at her sasural situated in district of `B' - She was driven out from there by snatching her personal belongings and she, ultimately, reached at her Maika..........
Indian Penal Code, 1860, Section 498A -- Harassment for dowry also answers cruelty...........
Indian Penal Code, 1860, Section 498A,To -- IPC it must be established that cruelty or harassment to wife was to force her to cause grave bodily injury to herself or to commit suicide, or the harassment was to compel her to fulfill illegal demand for dowry - attract ,S. 498-A - It is not every type of harassment or cruelty that would attract S.498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Suicide in matrimonial home - Cruelty - In statement of father of deceased it is not stated specifically as to when demand of car was made - Further there is no evidence to suggest that petitioner Nos.1 and 2 were available in Delhi and thus could harass deceased in furtherance of common intention soon before death - Held, in..........
