Indian Penal Code, 1860, Section 498A -- Dowry demand - `Relative' - Limited only to the blood relations or the relations by marriage - S.498-A IPC being a penal provision deserves strict construction and unless a contextual meaning is required to be given to the statue, the said statue has to be construed strictly. (2007) 7 SCC 162 followed)...........
Criminal Procedure Code, 1973, Section 190, 468, 473, Indian Penal Code, 1860, Section 498A, 406 -- Taking cognizance of offence beyond period of limitation - Case registered for offences indictable u/ss 498-A and 406 IPC - Cognizance taken by Magistrate beyond period of limitation - No reason assigned by Magistrate making it evident in order that period of taking..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complainant and accused fell in love with each other, got married and afterwards started living separately - Complainant had given notice for divorce before filing complaint of cruelty to the police - Compromise effected by the police and complainant agreed to live with the accused but accused failed to live with..........
Indian Penal Code, 1860, Section 302, 498A -- Murder and cruelty - Deceased admitted in hospital by accused husband with 90-92% burn injuries - Dying declaration recorded by SDM - Victim stated that accused poured kerosene oil on her and set her ablaze - Nothing to indicate and suggest that deceased was ever tutored - Doctor made endorsement that deceased was conscious..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Application for quashing of proceedings u/ss 498-A, 323, 506 of IPC and 3/4 of Dowry Prohibition Act - Whether there was any demand for dowry or not is to be decided by trial court after taking evidence - Court in exercise of inherent..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Accused held not guilty u/s 306 IPC - Statement given by deceased wife before death of her mother that she was not given proper food and was beaten - Held, statement can be used only to ascertain the cause of death - It cannot be used in evidence against accused while dealing with offence u/s..........
Indian Penal Code, 1860, Section 498A -- Complaint for cruelty - Limitation for taking cognizance is 3 years - This period of three years is to be reckoned from the last incident regarding cruelty or demand of dowry...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death and cruelty - Accused subject deceased wife to cruelty on account of dowry demand - Deceased died of burn injuries - No evidence to indicate that there was any demand for dowry - No incident of harassment which could actuate accused to induce his wife to end her life - Father of..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Except evidence of interested witnesses i.e. parents, no other witness supported prosecution case regarding demand and acceptance of dowry - Even the evidence of interested witnesses not consistent as to whom amount was paid - No betrothal ceremony held thus showing that..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 304, Dowry prohibition Act, 1961, Section 3, 4 -- Bail - Offence u/ss 498-A, 304-B IPC and Ss.3/4 Dowry Prohibition Act - Applicants father-in-law, jeth and jethani - No specific allegation against them - Bail granted...........
