Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B - - Dowry Death - Cruelty - Presumption - Wife died due to consumption of poison on account of harassment of maltreatment for dowry demand - Accused failed to prove that they are residing separately or having separate gas connection nor any evidence to show that deceased was under depression of..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32 -- Cruelty and dowry Death - Dying Declaration - Proof of - Issue is about the credibility of doctor, the Executive Magistrate and mother of deceased - Mother of deceased deposed about the maltreatment met out by the deceased at the hands of accused for money - Doctor give a categorical certificate..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Mere fact that no complaint was made by parents of deceased either to mediators or to Anti-Dowry Cell regarding illegal demands of dowry or harassment by accused does not lead to conclusion that no such demands were made because it is clear from the testimony of mother that she was repeatedly trying to..........
Indian Penal Code, 1860, Section 304B, 498A - - Dowry death - Cruelty - Presumption - Deceased committed suicide within 7 years of her marriage in her matrimonial home - Deceased was subjected to cruelty and harassment by accused with regard to taking a share of property of her father - It was proved that deceased was subjected to cruelty and harassment soon before her..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Quantum of sentence - Mere acquittal of some of co-accused by itself does not lead to conclusion that all deserve to be acquitted in case appropriate reasons are given on appreciation of evidence both in regard to acquittal and conviction of accused - Moreover, co-accused were living separately from..........
Indian Penal Code, 1860, Section 498A -- Cruelty - PWs stated that deceased was subjected to harassment and in fact on date of death there was a phone call made to father of deceased regarding harassment - Evidence on record is more than adequate to prove beyond reasonable doubt the guilt of accused u/s 498-A IPC - Conviction u/s 498-A IPC upheld - However, accused already..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Ample evidence regarding harassment of deceased by accused Nos.1 to 3 and 5 - Against accused No.4, who was studying in the school at relevant time, there is no evidence as to any harassment - While maintaining conviction u/s 498-A IPC in respect of accused Nos.1 to 3 and 5 accused No.4 is liable to be acquitted u/s 498-A..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 357 -- Cruelty - Compensation - Deceased had been undergoing treatment for seven weeks, initially in two government hospitals and thereafter for a long period in two private hospitals - Both accused Nos.2 & 3 are directed to pay total compensation of Rs.1,00,000/- to the parents of deceased...........
Indian Penal Code, 1860, Section 304B, 498A, Criminal Procedure Code, 1973, Section 91 -- Dowry death - Summoning call details of deceased's cell phone - Call details are not relevant for offence u/ss 304-B & 498-A IPC particularly where the application u/s 91 Cr.P.C. was filed merely on the basis of self created doubt - Application rightly rejected...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Demand of dowry from father, mother, brother etc. of deceased and not from the deceased - Any demand to them is as good as a demand to the married woman since she is the one to suffer in case demands are not met...........
