Indian Penal Code, 1860, Section 498A -- Cruelty - Demand of dowry - Testimony of brothers of deceased is not reliable and trustworthy to connect accused with demand of dowry - Several material improvements and inconsistencies were found in the testimony of PWs, which make the case of prosecution doubtful - No public witness on the record which could connect accused with..........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Nothing on record to show that deceased was tortured by accused and degree thereof was to such an extent that deceased deemed it appropriate to put an end to her life and that too when she was mother of two minor children - Moreover, there are contradictions, inconsistencies and improvements..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died within 3 years of her marriage in her matrimonial home due to administration of poison - Post-mortem and burial of deceased conducted in the presence of family members of deceased and they did not raise any doubt about death of deceased at that time - However, after 20 days of incident..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113B -- Cruelty - Suicide - Death due to poisoning within 3 years of marriage - No evidence on record which demonstrate that accused made any demand of dowry from deceased - Except making bald statements, no evidence adduced by PWs to prove any particular act of cruelty or harassment to which deceased was..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Onus lies on prosecution to prove acts and conduct attributed to accused alone had instigated the person, who had committed suicide and to raise the presumption u/s 113-A of Evidence Act, factum of deceased was subjected to cruelty by accused immediately before commission of..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Comments/taunting being made by accused that deceased had no knowledge of doing household chores including agricultural work, are not of such a nature to have derived the deceased to commit suicide - Accused acquitted...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Abetment of suicide - Cruelty - Dying declaration - Call made by deceased to her mother in the absence of cogent and reliable evidence, cannot be treated as dying declaration...........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 113A -- Abetment of suicide - Cruelty - Presumption - Deceased committed suicide by consuming poisonous substance within 7 years of her marriage due to harassment allegedly made by accused - However, there is no evidence on record that accused used to demand dowry from deceased and tortured her..........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Reduction of sentence - Accused is 99 years of age now - He already suffered sentence of one year nine month - Sentence of accused reduced to period already undergone by him, considering his age and role played by him...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Preliminary issue - Res judicata - Divorce petition on ground of cruelty and desertion dismissed on merits - After four years petition for divorce on same grounds filed - To decide issue of res judicata Court is obliged to appraise pleadings and then find out whether any fresh..........
