Evidence Act, 1872, Section 113B -- Presumption as to dowry death - Presumption shall be raised only on the proof the essentials : (i) The question before the Court must be whether the accused had committed the dowry death of a woman; (ii) The woman was subjected to cruelty or harassment by her husband or his relative; (iii) Such cruelty or harassment was for or in..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Deceased died within 7 years of marriage by burning to the extent of 80% - Evidence on record shows that deceased was burnt by throwing kerosene oil on her and then setting her on fire which negates the recording contained in the log book register and MLC of deceased that..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Death by burning - Conduct of husband of deceased - Explanation given by husband in his statement u/s 313 Cr.P.C. that he does not know as to how deceased got burnt as he was sleeping at the time when deceased got burnt - Deceased sustained extensive burn injuries to the..........
Indian Penal Code, 1860, Section 304 -- Dowry death - Prosecution failed to bring on record any evidence to suggest that death of deceased was caused by burns or any bodily injury or otherwise than under normal circumstances - Rather defence was able to prove that deceased was suffering from Pneumonia by producing qualified doctor who had examined the deceased prior to her..........
Indian Penal Code, 1860, Section 304B, 34 -- Dowry death - Prosecution failed to prove that death occurred within 7 years of marriage - On the contrary, defence has brought acceptable and reliable evidence that marriage was much prior to seven years - Prosecution failed to establish the offence u/s 304-B of IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Death of the deceased within 7 years of marriage and she was subjected to harassment for dowry soon before her death - Death was in circumstances other than natural, and not accidental - Mere lapse of investigating agency could not be enough to throw out overwhelming evidence clearly establishing the case of prosecution -..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 - - Dowry death - Demand of dowry - Deceased committed suicide by setting herself on fire within 11 months of her marriage - Altercation between accused and deceased started three months before the incident when there was no indication of deceased becoming pregnant after marriage - Evidence on..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Period of marriage - 7 years or 10/11 years - Mother of deceased deposing as 7 years whereas other witnesses deposing as 10/11 years - When there is varying evidence on a single fact then interpretation of evidence has to be in such a way as to be in favour of accused - Moreover, PWs had virtually given..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by hanging - Mother of deceased stated that during negotiations of marriage of deceased, there had never been any demand of dowry from accused persons - Deceased and accused never visited house of mother of deceased after their marriage - If this is the evidences coming from mother of deceased..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died due to consumption of pesticide - No bodily injury found on body of deceased - No evidence on record that soon before her death, deceased was subjected to cruelty or harassment on demand of dowry - Moreover, in the letters written by deceased to his father, there is neither mention of any..........
