Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 8 -- Murder of two children by father - Motive - Accused used to harass his wife both physically and mentally by suspecting her fidelity and by proclaiming that deceased were not born to him - Evidence of PWs 5 to 7 clinchingly establish motive of accused to kill both children - Motive proved -..........
Indian Penal Code, 1860, Section 302, 498A, Evidence Act, 1872, Section 106 -- Murder of two children by father - Deceased met with homicidal death in the house of accused, it is thus for accused to explain as to how they met with homicidal death in his house as per S.106 of Evidence Act - However, accused failed to explain such facts - Presence of accused at the relevant..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - Offence u/s 498-A IPC is not a lesser offence in relation to S.306 - Unless specific acts constituting both abetment and cruelty explicitly set out in the charge u/s 306 IPC, a conviction u/s 498-A IPC cannot be sustained in the absence..........
Indian Penal Code, 1860, Section 498A, 306, Criminal Procedure Code, 1973, Section 222 -- Charge u/s 306 IPC - Conviction u/s 498-A IPC - In exceptional cases, conviction u/s 498-A IPC may still be valid even if there is no separate charge, provided that charge u/s 306 IPC is framed in a manner that comprehensively includes all incriminating acts failing under S.498-A IPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against father-in-law and mother-in-law - A-2 and A-3 had a principal role in pressurizing the deceased with repeated demands for expensive items and subjecting her to relentless cruelty - It emerges that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Indian Penal Code, 1860, Section 304B, 498A -- Cancellation of bail - Dowry death - Cruelty - Allegations against two sisters-in-law - Material on record though implicate both sisters-in-law of deceased, but their role appears relatively less direct - One of them has recently got married and begun her new life,..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Merely because death of wife has occurred within a period of seven years of marriage, accused cannot be automatically held guilty for the offence punishable u/s 306 IPC by employing presumption u/s 113-A of Evidence Act, nor any presumption u/s 113-B of Evidence Act could be drawn as there is no..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Allegation of cruelty has not been proved by specific instances, nor any specific evidence has been given with regard to dowry demand, no figure of any dowry demand has been brought on record by any of witnesses - Witnesses were not knowing root cause of death - Statement under accidental report..........
