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 304B, 498A, 306, 302, 34 -- Dowry death - Cruelty - Deceased died within 7 years of her marriage as a result of drowning - No marks of injury on the body of deceased were shown in inquest panchnama and post mortem report - Theory that deceased was done to death earlier and thereafter her body was thrown into well, rightly not accepted by..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death and cruelty - There is sufficient evidence on record to show that deceased was assaulted and tortured in different ways during her short stay in her matrimonial home by her husband and other close relations of her husband for the fulfillment of their illegal demand - Trial Court wrongly misread the evidence and..........
Indian Penal Code, 1860, Section 306, 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Plea of mental depression as cause of suicide of deceased is devoid of any logic as live-link is proved between such torture and suicide of deceased - Hence, presumption u/s 113-B of Evidence Act is available in favour of prosecution - Prosecution proved its case -..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Indian Penal Code, 1860, Section 306, 498A, Evidence Act, 1872, Section 32 -- Dying declaration - Abetment of suicide - Cruelty - Death by burning - Deceased committed suicide by pouring kerosene oil upon her on the asking of accused after 11 years of her marriage - Dying declaration given by deceased nowhere indicates any demand of dowry and it only states that a quarrel..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 34 -- Summoning of additional accused - Dowry death - No concrete and specific evidence against petitioners of making any demand of dowry or torturing the deceased - Complicity of petitioners in the commission of offence not on record - Application dismissed...........
Indian Penal Code, 1860, Section 302 -- Murder - Death by burning - Doctor opined that because of right palm was not burnt and right arm was also not fully burnt, possibility of a suicidal death could not be ruled out completely - Mere fact that deceased suffered second and third degree burns over body cannot lead to a conclusive presumption by itself that accused had set..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Death by burning - Parents and cousin of deceased duly established beyond reasonable doubt that deceased was harassed and meted with cruelty by accused on account of demand of dowry - Sufficient evidence on record to establish that deceased was subjected to cruelty on account of dowry - Accused thus, guilty of offence u/s..........
