Indian Penal Code, 1860, Section 306, 498A, 34 -- Abetment of suicide - Cruelty - Suicide note - Deceased was under immense pain and suffering in her matrimonial home - Suicide note proved to be in the handwriting of deceased - There was evidence of cruelty perpetrated by accused upon deceased and there was close nexus or inter connectivity inter se perpetration of cruelty..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 306 -- Anticipatory bail - Offence u/ss 498-A, 306 - Petitioner a female accused - There is special provision to a female even in heinous criminal offence punishable with death or imprisonment for life - In view of the fact that petitioner has two minor children and parents to support, it is..........
Indian Penal Code, 1860, Section 306, 498A -- Offence u/ss 306, 498-A IPC - Order of framing charge - Deceased made two dying declarations and in both the statements she deposed nothing incriminating against accused as she stated that while preparing tea, her saree caught fire and she sustained injuries and that even accused tried to save her due to which he also suffered..........
Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Suicide - General type of allegations - Accused cannot be held guilty simply on the ground that there must be something wrong, otherwise, there was no reason for deceased to commit suicide - A person cannot be convicted merely on the basis of inferences and presumptions...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Deceased committed suicide due to harassment on account of demand of dowry by her husband and mother-i, law - Husband of deceased died during pendency of appeal - Allegation against mother-i, law is that she used to give beatings to deceased and harassed her - However, no specific occasion of demand and beating..........
Indian Penal Code, 1860, Section 304B, 498A, 306, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Abetment of suicide - Deceased died within 7 years of marriage by hanging - Evidence of PWs clearly establishes that there was demand for dowry and deceased was being mentally harassed - Presumption u/s 113-B of Evidence Act arises since deceased died within seven..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 306, 304B, 498A -- Non-framing of charge - Accused convicted u/ss 304-B & 498-A IPC - Although no specific charge u/s 306 IPC was framed against accused but evidence on record proves that accused abetted suicide of deceased - Non-framing of charge u/s 306 IPC does not absolve accused from..........
Indian Penal Code, 1860, Section 498A, 306, 201 -- Cruelty - Abetment of suicide - Wife committed suicide because her husband developed extra marital affair - Accused not guilty of offence u/ss 498-A & 306 IPC as it cannot be held that mental cruelty was of such a degree that it would drive wife to commit suicide - Moreover, there is no allegation of physical torture by..........
Indian Penal Code, 1860, Section 201, 498A, 306 -- Accused found not guilty of offence u/ss 306 and 498-A IPC - Conviction u/s 201 IPC not sustainable...........
