Indian Penal Code, 1860, Section 498A, 306, 34, Evidence Act, 1872, Section 3 -- Offence u/ss 498A, 306, 34 IPC - Appreciation of evidence - In absence of material evidence to establish guilt of accused and their involvement in alleged crimes - Accused persons acquitted...........
Ranbir Penal Code, 1989, Section 306, 498A -- Dowry death - Deceased had sustained burn injuries in matrimonial home - Charge framed u/ss 302 read with Section 34 RPC - High Court upheld the conviction for offence punishable u/s 306 and 498-A of Code - Two versions of deceased out of which one relating to suicide and other relating to murder - Court was required to..........
Indian Penal Code, 1860, Section 498A, 304B -- Offence u/ss 304-B, 498-A - Complainant not legally wedded wife of accused - There is no impediment in prosecution of persons who are not only validly married but also any one who has undergone some or other form of marriage and thereby assumed for himself the position of husband to live, cohabitate and exercise authority as..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 498A, 406 -- Conviction of husband and his parents u/s 498-A, 406 IPC - Parents were 65 and 61 years of age respectively at the time of filing of complaint - Parents undergone 2 months and 10 days of actual sentence - Parents ordered to be released on probation - Husband also suffered protracted..........
Criminal Procedure Code, 1973, Section 181, Indian Penal Code, 1860, Section 406, 498A -- Offence u/ss 406 & 498-A IPC - Jurisdiction - Marriage solemnized and dowry articles given at place `R' - Thereafter parties lived for some days at place `L' where acts of cruelty committed - Wife came to place `R' and lodged complaint - Held, Court at place `R' has jurisdiction as in..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 498A -- Quashing of FIR - Offence u/ss 406, 498-A IPC - Matter amicably settled between parties - FIR quashed - Even when offence is non compoundable Court can quash FIR on the basis of compromise between the parties...........
Indian Penal Code, 1860, Section 498A -- Cruelty and demand of dowry - Complaint by wife against husband, his father, mother and other four family members - Conviction of husband only upheld - Other accused acquitted for lack of sufficient evidence - Sentence of husband reduced from 2 years to already undergone which is 13 months as he was on bail for three years...........
Indian Penal Code, 1860, Section 498A -- Dowry death - Accused No.4 alleged to have insisted deceased to give her son in adoption to her - Held, merely for the reason that accused No.4 had no issues, it does not mean that she will insist her brother or her brother's wife to give their only son in adoption to her - Even assuming that she has demanded so, it does not mean..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Death of wife in matrimonial home within one year four months of marriage - No eye witness - Medical report that death was due to asphyxia resulting from throttling which was ante mortem and homicidal in nature - Husband, mother-in-law and sister-in-law absconding after the incident - Conduct of accused in absconding not..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 498A -- Stay of conviction during pendency of appeal in an offence u/s 498-A IPC - Petitioner a police official - Conviction stayed...........
