Indian Penal Code, 1860, Section 498A, 307 -- Offence u/ss 498-A, 307 IPC - Acquittal by trial court - Revision against - Held, as there are number of reasons cited by trial court for acquitting the accused and on those grounds itself, the revision is liable to be dismissed - The grounds of acquittal are : (i) second marriage of victim during subsistence of her first..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof - Allegations against accused vague, unspecific and indefinite - No specific particulars were given regarding time, place and manner of any beating, cruelty or harassment of deceased for demand of dowry - Held, ingredients of offence u/s.498-A IPC lacking - Conviction for offence u/s.498-A IPC not proper - Appeal..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - Living together - By itself does not lead to conclusion that each of the family member was involved in demanding additional dowry and also behaving in a cruel or humiliating manner towards the deceased - To bring home the charge u/s 304-B IPC there should be some evidence that family members..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - Every member of the family may not be fully and equally guilty - The degree of involvement may differ - as an associate, as a silent witness, as a conniving witness and so on...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - There is possibility of members of the family having varying roles, active and passive - Depending on the nature and extent of involvement, a person may be punished for an offence u/s 498-A or S.304-B or S.306 of IPC or S.4 of Dowry Prohibition Act, 1961 - A dowry death will not ipso facto suck..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Family members - No complicity of family members demanding any additional dowry - No evidence of silent or conniving participation of family members in demand of dowry - Absolutely no evidence to suggest that family members actively or passively treated the deceased with cruelty or harassed her in connection..........
Indian Penal Code, 1860, Section 304B, 306, 498A, Criminal Procedure Code, 1973, Section 221, 222 -- Dowry death - Suicide within two years of marriage - Charge u/s 304-B - Beatings given to wife were not in connection with demand of dowry - Offence u/s 304-B IPC not proved - Accused guilty of offence u/ss 498-A, 306 IPC - Accused convicted u/ss 498-A, 306 IPC instead of..........
Indian Penal Code, 1860, Section 304B, 498A - - Dowry death - Cruelty - Death due to poisoning in matrimonial home within 1-1/2 years of marriage - Presumption of S.113-B Evidence Act attracted - Ample evidence to prove that deceased was subjected to cruelty & harassment for demand of dowry soon before her death as proved by PWs - FSL report proves that death caused due to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased informed her parents whenever she was maltreated by accused on the ground of bringing insufficient dowry - Report for maltreatment not lodged as deceased and her parents did not want to make things public - Held, non lodging of report with the police before her death that she was subjected to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Father-i, law did his best to save deceased by carrying her from one hospital to another to provide her best possible treatment - This fact is a strong mitigating circumstance even if it is presumed that father-i, law silently connived with husband - Held, conviction and sentence of father-i, law and..........
