Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 498A, 306 -- Charge - Dowry death - Dowry demand and ill treatment - Sufficient material on record - At the stage of framing of charge the statements are to be accepted as they are - If the statements would result in conviction, if they remain unrebutted, then charge can be framed against accused..........
Indian Penal Code, 1860, Section 498A, 306 -- Dowry death - Abetment to suicide - Conviction of husband on basis of testimony of brother and sister of deceased, a neighbour and doctor - No specific act of ill-treatment deposed by brother - Failure on part of brother and neighbour to give names of persons from whom they came to know that deceased was beaten - Sister not..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 34, Dowry Prohibition Act, 1961, Section 4 -- Anticipatory bail - Offence u/s 498-A/34 & S.4 Dowry Prohibition Act - Anticipatory bail application of mother-in-law, sister-in-law (Nanad) and brother-in-law (Devar) - Husband and father-in-law arrested and released on bail - A fit case to..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A -- Bail - Cancellation - Offence u/s 304-B, 498-A IPC - Bail granted to husband on the premise that he was a juvenile - It was later on found that he was not juvenile - Application for cancellation of bail dismissed on the ground that accused had neither attempted to tamper with the..........
Indian Penal Code, 1860, Section 307, 406, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Evidence not trustworthy - Conviction u/s 498-A and acquittal of other charges - When evidence is found not trustworthy then accused should not have been convicted - Conviction u/s 498-A IPC set aside...........
Indian Penal Code, 1860, Section 302, 498A, 304B, 318, 201 -- Charge framed u/s 498-A, 304-B, 318 and 201 IPC - Conviction u/s 302 and 318 IPC - Accused cannot be convicted u/s 302 IPC without there being a charge framed for the offence u/s 302 IPC - Case remanded for decision afresh...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 198 -- Offence u/s 498-A IPC - Complaint can be registered only when lodged by person aggrieved or by father, mother, brother or sister or father's or mother's brother or sister or with the leave of the Court, by any other person related by blood, marriage or adoption...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burn injuries - Prosecution of husband and his sister - Allegation of maltreatment and harassment in connection with demand of dowry - Demand of scooter and video from father of deceased - Conviction - Appeal against - Defence that house of accused caught fire and deceased died an accidental death -..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- FIR - Dowry death - Delay of more than one day in lodging FIR - Delay not explained satisfactorily - FIR loses all its corroborative value and authenticity...........
Indian Penal Code, 1860, Section 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Burn injury - Acquittal of husband, his parents and brother - Deceased suffered 100% burn injuries in house of accused - Evidence of parents and brother of deceased that deceased was harassed on account of dowry demand did not appear to be worthy of credence - Victim..........
