Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Minor discrepancies in statements of witnesses - Mere lapse of investigating agency and minor discrepancies about the place at which negotiations took place or persons in whose presence demand was made are not enough to discredit the version of demand of dowry and throwing out prosecution case...........
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, 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..........
Indian Penal Code, 1860, Section 302, 498A, 34, Criminal Procedure Code, 1973, Section 313 -- Murder - Examination of accused - High Court committed error by setting aside Trial Court judgment of conviction and remanded the matter back for retrial decision afresh on the ground of defective examination of accused u/s 313 Cr.P.C - However, accused did not raise any question..........
Indian Penal Code, 1860, Section 498A, 304B -- Homicidal, suicidal burn injuries and accidental burn injuries - In the case of homicidal death, if the victim is caught unaware, a person may not be able to make any effort to save himself/herself - In case of suicidal burn injuries a person may take all precautions not to save himself/herself - In case of accidental burn..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - Accused contended that deceased died due to bursting of stove which was accidental - Contention rejected as during investigation burst stove was not found at the place of occurrence - Deceased suffered 70% burn injuries which held to be sufficient to cause death in ordinary course of..........
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..........
