Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Allegation against parents of husband - Unnatural death occurred within 7 years of marriage - Family members of deceased categorically stated that demand for dowry was raised by not only husband but also present accused - There are averments of family members of deceased that soon before death of..........
Criminal Procedure Code, 1973, Section 161, Indian Penal Code, 1860, Section 304B -- Statement of brother of deceased/PW6 - Dowry death - PW6 gave his statement first time before Court - There was thus, no previous statement on record for corroboration to his version - No explanation was given as to why PW6 did not get his statement recorded u/s 161 Cr.P.C - Evidence of..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Dowry death - Demand of dowry - Presumption u/s 113-B of Evidence Act - Prosecution failed to establish that immediately prior to death of deceased, she was subjected to cruelty or harassment in connection with any demand of dowry - Presumption u/s 113-B of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/ss 304-B, 498-A IPC, it is not mere bickering which would amount to an offence but it should be harassment of such a nature that would drive a woman to commit suicide...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against family members of husband - No material on record to show that petitioners ever made a demand or any amount was paid to them for any purpose - All the allegations are actually made against husband of deceased - No allegation or incident was cited by family members of deceased which..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Deceased died unnatural death within 5 years of her marriage - However, there is no specific and convincing evidence to the effect that deceased was regularly subjected to cruelty or harassment by accused in connection with any demand for dowry - Prosecution failed to discharge its initial burden in..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `soon before her death' implies there must be existence of proximity and live link between effect of cruelty based on dowry demand and death concerned...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Allegation against mother-in-law - Mother-in-law more than three months prior to unnatural death of deceased left the country and almost a month before that she applied for passport and obtained VISA - No evidence on record that accused while at USA harassing in driving deceased to commit suicide with any phone calls..........
Indian Penal Code, 1860, Section 304B, 498A, 34 -- Dowry death - Cruelty - Testimonies of parents of deceased that physical beatings and torture to deceased at the hands of accused were given, negated by report of medical experts - Recovery of suicide note itself was doubtful - Though death occurred in unnatural circumstances, but there is no evidence of demand of dowry by..........
Indian Penal Code, 1860, Section 304B -- Essentials of S.304-B are : (i) the death of a woman must have been caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death must have occurred within seven years of her marriage; (iii) soon before her death, the woman must have been subjected to cruelty or harassment by her husband or any..........
