Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Wife committed suicide within a year of marriage - Allegation of cruelty and harassment on demand of dowry soon before death proved against husband as he demanded Rs.3 lacs form deceased for starting new business and for purchasing motor cycle - No evidence of cruelty and harassment has been proved..........
Indian Penal Code, 1860, Section 304B, 498A, 120B, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Material on record shows that it was an accidental burn injuries caused to deceased by her own negligence without any role played by accused persons - All PWs are inconsistent with the period of marriage and demand of dowry - Their testimony is not..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry offence - Compounding of offence - Offences non compoundable - Petitioner and first respondent have reconciled and seek to live together - Respondent has no objection in allowing petition - Criminal proceedings quashed...........
Indian Penal Code, 1860, Section 498A -- Deceased committed suicide in matrimonial home by setting herself on fire - Acquittal of mother-i, law and conviction of husband - No direct evidence that appellant meted out such cruelty of a degree which would have driven deceased to commit suicide - Even from the dying declaration it is evident that deceased set herself ablaze..........
Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Mother-i, law alleged to have taunted deceased for bringing clothes of inferior quality at the time of marriage - Held, these are casual unintentional wears and tears of family affairs prevalent in our society - Every such so-called harassment simpliciter does not amount to cruelty...........
Indian Penal Code, 1860, Section 498A -- Cruelty to wife - Accused (husband of deceased) alleged to have demanded Rs.50,000/- from brother of deceased (not from deceased) to purchase a tractor - Held, mere demand would not constitute legally required cruelty against deceased within meaning of S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of charge-sheet - Applicants not relatives of husband of complainant - In FIR, no allegation of harassment was levelled against applicants - Held, submission of charge-sheet against applicants in respect of offence u/s.498-A IPC was misconceived and was a deliberate..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Misappropriation of dowry articles - Cruelty - Anticipatory bail cannot be refused merely on the ground that some of dowry articles were not recovered - Proceedings u/ss 406 & 498-A IPC are not meant for recovery of dowry articles - Complainant if so chooses can..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Relatives of husband - Not to be benefitted in any manner from the alleged demand as they were residing separately - Held, it would not be safe to convict relatives of husband in the absence of any acceptable evidence of specific role, overt-act and demand of dowry, soon before the death of the deceased -..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Contradictions in evidence as regards time and place of marriage negotiation - Wholly irrelevant - Demand of gold ornaments established - It is immaterial as to quantity of gold - No major contradiction as concerns factum of cruelty...........
