Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 341, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Matrimonial offence - Settlement arrived at between parties - There is no societal interest involved in the case - Proceedings against petitioners quashed...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Family members of deceased have constantly stated regarding factum of demand of dowry, ill treatment by husband and mother-in-law of deceased - Said fact is corroborated by landlord of accused - Offence u/s 498-A IPC proved - Accused convicted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Modification of sentence - Incident is of the year 2000 and more than 20 years have passed in the meantime - Sentence of A-1/husband of deceased is modified to 1 year R.I with fine of Rs.5000 in default of same S.I for 3 months for offence u/ss 498-A, 34 IPC - Sentence of A-2/mother-in-law of deceased is modified to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegation that accused humiliated his wife on account of demand of dowry is not substantiated by evidence available on record - Accused convicted on the basis of totally baseless conclusions drawn by trial Court, which is erroneous - Conviction and sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 498A, 307, 354 -- Cruelty - Attempt to murder - None of PWs have stated that they had seen accused to misbehave and torture victim nor they have stated that accused at any point of time made complaint about alleged torture inflicted upon her by accused - Prosecution failed to establish charges levelled against accused - Accused rightly..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Factum of constant fights between accused and deceased for money and accused beat deceased was stated in statements of PWs - Accused rightly convicted u/s 498-A IPC...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Adverse inference - To invoke adverse inference as envisaged u/s 114 r/w S.106 Evidence Act, presence of accused either before death or immediately after death is essential...........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106, 114 -- Murder of wife by husband - Presence of accused on the date of incident not proved by prosecution - It would not be appropriate to draw adverse inference as per S.114 of Evidence Act - Court cannot invoke provision of S.106 of Evidence Act and ask accused to say reasons for murder of his..........
Indian Penal Code, 1860, Section 302, 498A -- Murder - Circumstantial evidence - Accused were demanding additional dowry from deceased - A-1 was suspecting the fidelity of deceased and in that regard there were frequent quarrels between A-1 and deceased - No witnesses have supported or deposed that accused was present along with his wife - Conviction of accused u/s 302 IPC..........
Indian Penal Code, 1860, Section 302, 498A, 364, 34 -- Murder - Cruelty - Case of prosecution that deceased was forcibly taken away from matrimonial home and murdered her elsewhere not proved, as there is no evidence to substantiate such fact - Even, there is no reflection of torture over non-payment of remaining dowry in FIR - Vital missing link strikes at very heart of..........
