Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - None of PW stated about cruelty or harassment to deceased by accused or any of family members on account of demand of dowry soon before death or otherwise - Rather, harassment has not been narrated by anyone - Only certain oral averments on record regarding demand of motorcycle and land which is..........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against father-in-law and mother-in-law - No specific allegation levelled against petitioners with regard to cruelty - Wife herself stated that just after the marriage she went alongwith her husband to Malaysia and was continuously ill-treated by husband - FIR qua petitioners quashed...........
Indian Penal Code, 1860, Section 498A, 406, 323 -- Cruelty - Allegations against husband - Wife specifically mentioned the harassment and cruelty meted out to her by husband - No case is made out for quashing FIR against husband - Petition for quashing qua husband dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against accused of neglect and refusal to take up responsibility for treatment of child of complainant/wife would not fall within ambit of S.498-A. IPC..........
Indian Penal Code, 1860, Section 498A, 506, 509, 34, Criminal Procedure Code, 1973, Section 468 -- Offence u/ss 498-A, 506, 509, 34 IPC - Limitation - Gap between date on which complainant went back to house of her parents and date on which she filed complaint is more than 3 years - Allegations relating to later period of time are allegations of neglect and refusal to..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Sentence - Deceased died due to homicidal death not suicide - Death occurred within seven years of marriage - Accused was incarcerated for 15 years and that period would be enough punishment - He is now 80 years old and other accused is 70 years and looking to the age of accused period undergone by them would be..........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Parents of deceased and her uncle deposed about demand of dowry in the form of cash and gold and about harassment meted out by accused to deceased mentally and physically - Even, PW5/matchmaker also deposed that there was demand of dowry and harassment caused by accused to deceased - Neighbors also supported the case..........
