Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration - 42% burn injuries - Death occurred after 1-1/2 months of burning - None of the PWs had seen the occurrence - Time of burning of deceased not proved - Evidence on record shows that deceased was never subjected to cruelty for demand of dowry - Even in..........
Indian Penal Code, 1860, Section 498A, 304B, 302, 34 -- Death by hanging - Cruelty & demand of dowry - Deceased died due to suicidal hanging - No other mark of injury was detected on the body of deceased - No complaint whatsoever ever made by PWs regarding maltreatment or torture being meted out to deceased by accused persons - I, laws of deceased were well off and..........
Indian Penal Code, 1860, Section 304B, 498A, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - Deceased died within 5 years of her marriage in her matrimonial home - Deceased alleged to be set ablaze by accused persons - However, there was no sign of fire or any burnt article or any mark of smoke on walls or roof - Only on the..........
Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 498A -- Cruelty - PWs stated that accused subjected deceased to tortures after marriage of accused with deceased - But none of those witnesses stated any reason behind such tortures - Statements of PWs general in nature - Charge u/s 498-A IPC not proved - Accused acquitted u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 306, 201 -- Cruelty - Abetment of suicide - Wife committed suicide because her husband developed extra marital affair - Accused not guilty of offence u/ss 498-A & 306 IPC as it cannot be held that mental cruelty was of such a degree that it would drive wife to commit suicide - Moreover, there is no allegation of physical torture by..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Appeal against acquittal - Discrepancies in oral evidence - Evidence on record will not permit Court to take a different view than taken by Trial Court - Moreover, nothing is produced or pointed out to rebut the conclusion of Trial Court - Even prosecution not able to bring home the charge..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Two dying declarations - Abetment of suicide - While recording first dying declaration thumb impression of deceased was obtained, whereas while recording second dying declaration thumb impression of deceased could not be obtained as both hands of deceased were burnt - Moreso, while recording..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Deceased stated in her dying declarations that her i, laws demanded necklace and under the compulsion and pressure she burnt himself - Dying declarations are not proved on record - None of prosecution witness stated that there was any quarrel between deceased and her i, laws - Evidence on record..........
Indian Penal Code, 1860, Section 498A, 304B, 34 -- Dowry death - 100% burn injuries - Mother-in-law and sister-in-law sent up for trial - High Court convicted the mother-in-law and acquitted the sister-in-law - Plea of appellant/mother-in-law that since benefit of doubt was given to other accused/sister-in-law by High Court, on parity the same benefit should be extended to..........
