Indian Penal Code, 1860, Section 304B -- Dowry death - Evidence of father and brother of deceased that accused (husband) was harassing deceased by making demand of scooter and nothing else - Held, veracity of evidence of these two witnesses cannot be doubted - Had this allegation be false, nothing could deter these witnesses from mentioning other articles purported to have..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Bride committing suicide within 3 years of marriage - Accused (husband) and his parents did not furnish satisfactory explanation as for what reason and under what circumstances she committed suicide - Held, presumption u/s 113-B of Evidence Act is that accused are responsible for dowry death...........
Indian Penal Code, 1860, Section 376, 450 -- Rape of married woman aged 22 - years - Husband of prosecutrix reaching home found prosecutrix as well as accused in a compromising position - Prosecutrix and accused had gained entry in the house from the backyard and not from the front door which was locked - Doctor did not notice any injury on internal part, leg or back of..........
Indian Penal Code, 1860, Section 304B -- Suicide not on account of demand for dowry but due to harassment caused by husband - Offence u/s 304-B IPC is not made out...........
Indian Penal Code, 1860, Section 304B, 306 -- Suicide not on account of demand for dowry but due to harassment caused by husband - Offence u/s 304-B IPC is not made out - Accused can be convicted u/s 306 IPC - Cruelty or harassment sans any dowry demands which drives wife to commit suicide attracts the offence of `abetment of suicide' u/s 306 IPC and not u/s 304-B IPC...........
Indian Penal Code, 1860, Section 304 -- Accused assaulted her husband with a spade causing head injury leading to his death - No eye-witness to the alleged occurrence - Medical evidence showed that injury on dead body could have been caused in ordinary course of nature - Statement of accused u/s 313 CrPC that she inflicted one blow on accused with spade because he tried to..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife made allegations of illicit intimacy of husband with his own sister-in-law thus harming the harmony in the family - All the members of family of husband residing in joint family and thus any such illicit conduct could not have been carried on without the knowledge of others - Held, allegations of illicit..........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Wife during subsistence of valid marriage, begetting a child from a person other than husband - Held, there is presumption of legitimacy of child u/s 112 of the Act, but there is no presumption of paternity...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased committed suicide at her matrimonial house - Allegation that accused husband and in-laws subjected deceased to mental torture - There was element of dowry involved in marriage - Demand of dowry in form of cash or kind was very much present either at the time of marriage or after marriage - Held, victim was..........
Indian Penal Code, 1860, Section 306, 498A -- Cruelty and abetment to commit suicide - Wife filed complaint u/ss 306 and 498-A IPC against husband on the allegation of harassment on account of dowry demand - Matter compromised through village Panchayat - After about 8 years husband demanded Rs.10, 000/- for construction of house and Rs.25, 000/- for purpose of three..........
