Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Two different types of injuries found on the dead body of the deceased, i.e., the ligature mark of large dimension and the body being badly burnt because of the ante mortem burns with smell of kerosene coming out of the body - Completely rule out the theory of..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Witnesses may lie but not the circumstances - Recovery of blood and bloodstained Bindia from the Chhajja (balcony) and broken pieces of bangles from inside the room - Receiver of telephone stuck under the left arm of the deceased and burnt telephone wire found..........
Indian Penal Code, 1860, Section 302, 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Murder or suicide - Deceased alleged to be suffering from gloom of depression for having not given birth to a child - No evidence led by defence that deceased was suffering from some gynecological problem running counter to her child bearing capacity - In case there was any such..........
Indian Penal Code, 1860, Section 498A -- Causing utmost mental torture - Harassment and cruelty, both mental and physical - Accused traded charges against his wife that she was suffering from breast cancer and also from some loathsome disease which caused emanation of unbearable adour detracting him from approaching her - Because of such allegations, wife was subjected to..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/s 498-A IPC is not a continuing offence for determining the territorial jurisdiction of Court - No part of offence is alleged to have been committed at the place where wife came back to live with parents - Court at the place where parents of wife live has no jurisdiction -..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Quashing of complaint and summoning order - Complaint filed at Kapurthala Court u/ss 498A, 307 and 406 of IPC - Accused residing at Bhawanigarh tehsil which was beyond the jurisdiction of concerned Magistrate - Magistrate issued summoning orders without complying mandatory..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Summoning order issued in a private complaint without complying provisions of S.210 of the CrPC - FIR lodged on the same facts and investigation pending - Held, it was incumbent upon the Magistrate to stay the proceedings in the complaint case and to await or call for the..........
Indian Penal Code, 1860, Section 498A, 306, Evidence Act, 1872, Section 113A -- Bride committing suicide in fourth year of marriage in her matrimonial home by sprinkling kerosene upon herself and setting herself on fire - Deceased was pregnant for 6 months - Accused husband and his mother convicted u/ss 498-A and 306 IPC - Conviction upheld - Held, it is only in extreme..........
Indian Penal Code, 1860, Section 498A, 306, 107, Evidence Act, 1872, Section 113A -- Provision of S.113-A of the Evidence Act establishes a link between an offence u/s 498-A IPC, 107 IPC and 306 IPC, thereby permitting the Court to presume the commission of an offence u/s 107 IPC on the basis of evidence adduced to prove an offence u/s 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death of woman by consuming poison - As per father of deceased, no demand of dowry made at the time of marriage - No evidence to suggest that soon before her death deceased was subjected to harassment on account of dowry demand - Only evidence that accused was interested in widow sister of deceased - Also there..........
