Indian Penal Code, 1860, Section 306, 114, 498A -- Abetment of suicide - Cruelty - Trial Court acquitted all accused except husband who was convicted for offence u/s 498-A IPC only and sentenced to 3 days S.I - However, there was evidence on record to prove the factum of cruelty and death of deceased but it was not brought on record by prosecuting agency - Prosecution..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Criminal Procedure Code, 1973, Section 439 - - Murder - Dowry death - Deceased committed suicide and a suicide note was found near the body of deceased - In the suicide note there was no allegations of maltreatment on account of demand of dowry at the hands of husband of deceased and rather deceased appreciated the conduct..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Offence u/s 498-A IPC and offence under Dowry Prohibition Act - Offence not compoundable - However, where parties are settling their matrimonial dispute, compounding of offence can be allowed...........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Dying declaration - Prosecution proves that it was husband at whose instance and instigation deceased was subjected to death by pouring kerosene oil and lit her on fire - Deceased declared that her husband used to beat her after drinking liquor - Concurrent findings of courts below cannot be interfered -..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - Dying declaration - Except dying declaration there is nothing on record to strongly suggest that accused and his wife were involved in commission of crime - During investigation accused and his wife were found innocent as they were living separately - Neither in dying declaration nor in statement of..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Evidence on record relating to torture arising from demands of dowry - It is alleged that husband used to assault victim after coming home in a drunken state - There is also convincing evidence on record that husband assaulted victim with a broken piece of glass causing injuries on her body - Oral evidence corroborated by..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Accused not having any criminal antecedents - He has already undergone 2 years imprisonment - Sentence imposed upon accused reduced to period already undergone - Sentence of fine however shall remain unchanged - Appeal allowed...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Suicide within a year of marriage in matrimonial home - Merely because deceased committed suicide no such inference can be drawn that it must be an outcome of a cruel or torturous act caused by accused - No attempt made by Investigating agency to find out the true reasons for unfortunate death..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Deceased committed suicide within a year of her marriage in matrimonial home - No specific and definite allegations as to which of accused persons demanded car or cash of Rs 50,000/- - No attempt made by Investigating agency to find out the true reasons..........
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Specific allegations of cruelty and harassment on account of not bringing sufficient dowry against husband and uncle (mausa) of victim - Accused uncle performed Kanyadan, it cannot be said that prima facie he had no role to play in the alleged..........
