Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Summoning of additional accused - Dowry death - Cruelty - Mediator of settling the marriage - On the request of complainant side he got himself involved to ask accused not to demand additional dowry or to harass the deceased - Not alleged in..........
Indian Penal Code, 1860, Section 304B, 498A, 34, 302 -- Dowry death - Framing of charge u/s 302 IPC - Offence u/ss 304-B, 498-A IPC - Alternative charge u/s 302 IPC added without assigning any cogent reason - Framing of charge u/s 302 IPC set aside...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Oral statements of PWs and documentary evidence in the shape of letters written by deceased to her father not supported prosecution case - There is no inference of any demand of dowry in such letter as well - Prosecution failed to prove either demand of dowry or that any such demand was raised soon before her death -..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 439 -- Bail - Dowry death - Cruelty - Two dying declarations - Death by burning - First dying declaration given immediately after the incident after certificate of fitness given to deceased goes to show that burn injuries sustained by deceased are due to an..........
Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Death by burning - 99% burn injuries - Accused neither present at the time when dead body was identified nor present at the time of post mortem examination - Death occurred in the house of accused and they have to explain circumstances which were within their specific knowledge u/s 106 of Evidence Act -..........
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 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...........
