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..........
Indian Penal Code, 1860, Section 498A, 323, 504 -- Cruelty - Territorial jurisdiction - Accused persons came to parental home of victim and threatened her parents and demanded dowry - When victim was ousted from her matrimonial home, she had no option, but to take shelter at her parental house at Dehradun - Court at Dehradun has territorial jurisdiction to decide the..........
Indian Penal Code, 1860, Section 302, 304B, 498A, 34 -- Offence u/ss 302, 498-A, 304-B, 34 IPC - Accused acquitted of the charge u/ss 498-A, 304-B IPC - Leave to appeal not filed by State - Appeal also not filed by complainant against acquittal of accused for said offences - Conviction u/s 302 IPC set aside on ground that death was suicidal - Held, offence u/ss 304-B,..........
