Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 407, 178(c) -- Transfer of case - Permissibility - Matrimonial dispute between husband and wife - Complaint field by wife against her husband for offences u/ss 498A, 406 IPC at place `G' - Complaint shows that alleged acts of cruelty had taken place in matrimonial home of wife situated at..........
Criminal Procedure Code, 1973, Section 437(2), Indian Penal Code, 1860, Section 498A -- Grant of bail - Offence u/s.498-A IPC - Held, even though S.437(2) Cr.P.C. gives power to Magistrate to provisionally release an accused in certain situations, it does not cover cases instituted u/s.498-A IPC - Therefore, whenever Magistrate attempts to reconcile dispute of such nature..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide by a married woman - Demand of Rs.2000/3000 for LPG connection - This part of accusation found missing by the witnesses while giving their statements before the police - Held, if this part of evidence is missing from the police statements, it cripples the..........
Evidence Act, 1872, Section 32(1), Indian Penal Code, 1860, Section 498A -- Dowry Death - Statement made by deceased to her father, mother and uncle few days or few months before her death - Not admissible in evidence u/s 32(1) of the Act as far as charge u/s 498-A IPC is concerned as the cause of death of deceased was not in question for the said charge...........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Cruelty - Abetment of suicide - Prosecution failed to establish allegation of cruelty - Presumption u/s 113-A of Evidence cannot be drawn in favour of prosecution - In that situation, it is for prosecution to establish on the basis of other evidence that applicant had intentionally aided, by..........
Indian Penal Code, 1860, Section 498A, 114 -- Cruelty - Though girl friend of husband is not falling within ambit of `relative' but she can still be an abetter to an offence u/s 498-A of IPC - Contents of FIR reveals that girl friend a root cause of offence u/s 498-A IPC, her implication in FIR, held, proper...........
Indian Penal Code, 1860, Section 498A, 114 -- Cruelty - Abetment is not expected only from relatives of husband but it can be from anybody including girl friend of husband or it may be friend of mother-i, law or father-i, law or friend of sister-i, law who will be having dominance in family and every time they will be instigating members of family to subject the..........
Indian Penal Code, 1860, Section 498A -- Dowry demand - No details given as to when these demands were made and upon whom these demands had been made - Allegations of dowry demands are difficult to imbibe...........
Indian Penal Code, 1860, Section 376, 498A, 109 -- Dowry demand, rape, abetment of rape - Matrimonial dispute between victim and her husband regarding dowry demand and cruelty - Mother-i, law alleged to have pushed her tenant in the room of prosecutrix where he committed rape on prosecutrix - Prosecutrix had delivered a child just about one month prior to incident and when..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death took place within seven years of marriage in an unnatural manner as aluminum phosphide poisoning was found in the body of deceased - PW5 has specifically stated that accused demanded scooter and she was maltreated and brought her to her parental home - Soon before her death, on demand, PW5 paid an..........
