Indian Penal Code, 1860, Section 304B -- Dowry death - Ingredients essential to term any death as dowry death are : (1) The death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (2) Such death must have occurred within 7 years of her marriage; (3) Soon before her death, the woman must have been subjected to cruelty..........
Indian Penal Code, 1860, Section 304B, 306, Criminal Procedure Code, 1973, Section 221, 215, 216 -- Dowry death - Charge u/s 304-B - Accused found not guilty of offence u/s 304-B but found guilty of offence u/s 306 - Accused can be convicted u/s 306 IPC even though no charge was framed u/s 306 IPC...........
Indian Penal Code, 1860, Section 304B -- Dowry death - None of the PWs stated as to when, in which year, date and month, act of cruelty in connection with demand of dowry was committed - Not even a single witness gave any specific instance in this regard - No complaint made to police or any other responsible officer regarding demand of dowry - Accused acquitted...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expenses of delivery - Demand of - Do not come under demand of dowry...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death in 1988 - Incidents of harassment and cruelty took place in 1986 - Incidents of cruelty and harassment were too remote cannot be said to be soon before death...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113A, 113B -- Dowry death - Taunted by remarks that she was from a hungry (poor household) and had not brought much - Not an act of cruelty which could be termed to be a demand for dowry soon before her death - This can be termed cruelty of the type punishable u/s 498-A Explanation A - Presumption u/s..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Husband and his mother taunting bride on small issues - Accused rejected gifts brought by parents of bride on various occasions - Bride committed suicide - It is not dowry death - Conviction u/s 304-B IPC set aside and accused convicted u/s 498-A IPC...........
Indian Penal Code, 1860, Section 304B -- Dowry death - For applicability of provision of S.304-B IPC prosecution must prove that (i) death of a woman took place within 7 years of her marriage; (ii) that she did not die a natural death; (iii) she was subjected to cruelty or harassment soon before her death and (iv) that such cruelty or harassment was for, or in connection..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Dowry demand and death of victim - Test of proximity - Proximity test has to be applied keeping in view the facts and circumstances of each case - Facts must show the existence of a proximate live link between the effect of cruelty based on dowry demand and the death of the victim...........
Indian Penal Code, 1860, Section 304B -- Dowry death - One of the ingredients of the offence u/s 304-B is that such cruelty should have been meted out to the deceased soon before her death - As such it is for the prosecution to establish affirmatively that the victim was subjected to cruelty and harassment based on dowry demand soon before her death...........
