Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning within 7 years of marriage - However, prosecution failed to prove that deceased was subjected to cruelty or harassment soon before her death in connection with any demand of dowry - Even father of deceased did not have direct knowledge of demand of dowry - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 120B -- Bail - Dowry death - Complainant party received huge amounts and secured a transfer document of half share in kothi before registration of FIR - Trial of case will take long time - No useful purpose will be served by keeping petitioner in custody any further - Bail granted...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Conviction - Reduction of sentence - Nothing on record to show that accused is incapable of being reformated - Every convict is entitled for the advantage of reformative and corrective jurisprudence - Sentence of accused reduced from 10 years R.I to 8 years R.I - However, sentence of..........
Indian Penal Code, 1860, Section 302, 304B -- Nature of offence - Prosecution stated that deceased was set on fire in her matrimonial home - However, I.O did not find that room where deceased had been set on fire was black or doors were burnt - I.O also did not find any smell of kerosene oil in the room - Villages of complainant and accused are close by, hence, story put..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Cruel treatment or harassment of wife by husband or his relative to force her to fulfill demand of dowry is common element for commission of offences u/ss 304-B, 498-A IPC...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - Conviction cannot be recorded on solitary statement of witness who disowned his testimony of examinatio, i, chief and has turned hostile during beginning of cross-examination - Conviction and sentence set aside - Accused acquitted...........
Evidence Act, 1872, Section 154, Indian Penal Code, 1860, Section 304B, 498A -- Hostile witness - Dowry death - Cruelty - PW1 turned hostile in cross-examination - Statement of PW1 given in examinatio, i, chief could be used for purpose of corroboration and support of such evidence - A person who has stated in examinatio, i, chief does not remain trustworthy and his..........
Indian Penal Code, 1860, Section 304B, 302, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4, 6, Evidence Act, 1872, Section 32 -- Dowry death - Cruelty - Dowry demand - Dying declaration given by deceased proved and supported by independent witnesses, medical officer and Magistrate who recorded the same - Even medical officer certified that patient was conscious and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - As per the allegations petitioner and family have demanded buffaloes and dowry from complainant - However, there is no such specific allegation as what dowry items were demanded except in the later part of FIR that petitioner has demanded a car - Even, application..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Trial Court opined that PW9 miserably failed to prove the source of money paid to accused and thus, acquitted the accused - High Court held that evidence of PW9 and PW11 was not appreciated in a proper perspective by trial Court - No perversity in judgment of trial Court - High Court committed error in..........
