Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption as to - Expression `soon before her death' - Does not mean mere lapse of sometime, which by itself will provide accused a defence - If course of conduct relating to cruelty or harassment is shown to have existed earlier in time, not too late and not too stale, before date..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B, 102 -- Dowry death - Presumption - Burden of proof - Once prosecution discharges its initial burden of proving all ingredients of dowry death u/s 304-B IPC by preponderance of probabilities, S.113-B Evidence Act mandatorily requires Court to draw adverse inference against accused - In such cases,..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - As per evidence on record accused unable to rebut presumption u/s 113-B Evidence Act and he has not taken any step to prove that death of deceased was due to various other factors, other than dowry death - Only view possible is that accused has caused death of deceased by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of summoning order - Cruelty - Dowry demand - Contention raised by applicants relate to disputed question of fact - Court has to eschew itself from embarking upon roving enquiry into last details of case - Perusal of complaint..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False and baseless allegations against husband implicating him in a case instituted u/s 494 IPC and demand of dowry - Amounts to mental cruelty to husband, which certainly made the husband entitled to a decree of divorce - Divorce rightly granted to husband...........
Criminal Procedure Code, 1973, Section 177, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4 -- Territorial jurisdiction - Dowry demand - Wife was forced to leave her matrimonial home at `M' - Wife returned back to her parental home in `S' and filed complaint there - Since, consequence of offence which was committed at `M' occurred at `S',..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Accused used to torture deceased/wife physically and mentally - He and his family members also raised demand of dowry - Charges u/s 498-A IPC and Ss.3, 4 of Dowry Prohibition Act proved by prosecution beyond reasonable doubt - Conviction upheld...........
Criminal Procedure Code, 1973, Section 178, 179, Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Territorial jurisdiction - Cruelty - Dowry demand - Accused started demanding dowry from deceased within the territorial jurisdiction of trial Court - Deceased was harassed and treated cruelly by accused for bringing insufficient dowry -..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Cruelty - Dowry death - Accused/sister-i, law of deceased though named in complaint but nothing found against her and was not arraigned as accused in charge sheet - There is not even iota of evidence against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Cheating - Dowry demand - Allegation that after Roka ceremony was performed, accused made demand of car and gold ornaments and on no, fulfillment of the same, marriage was broken and accused got married with another girl -..........
