Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Deceased expired as a result of "septicaemia due to chronic illness of multiple organs involvement" - Death cannot be termed as "not under normal circumstances" - Ingredients of S.304-B not fulfilled - There..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Wife failed to prove allegation of demand of dowry and torture by husband on her - Divorce granted on basis of matrimonial faults on the part of wife - Family Court rightly granted permanent alimony and maintenance amount of Rs.1,50,000 to wife is proper...........
Indian Penal Code, 1860, Section 302, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Murder - Demand of dowry - Circumstantial evidence - Version of FIR is different version which was taken by informant and his son - PWs gave contradictory statements - Recovery of articles was a sham recovery - Motive of crime not established - Prosecution failed to prove its case..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Pre-requisites to raise presumption u/s 304-B IPC and S.113-B of Evidence Act not fulfilled - Mere death of deceased being unnatural in matrimonial home within seven years of marriage will not be sufficient to convict accused u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - None of PW stated about cruelty or harassment to deceased by accused or any of family members on account of demand of dowry soon before death or otherwise - Rather, harassment has not been narrated by anyone - Only certain oral averments on record regarding demand of motorcycle and land which is..........
Indian Penal Code, 1860, Section 420, Dowry Prohibition Act, 1961, Section 3, 4 -- Cheating - Demand of dowry - Allegation against sisters of A-1 - Allegation that marriage between niece of informant and A-1 was fixed but A-1 refused to perform the marriage for want of demand of dowry - A-4 and A-5 sisters of A-1 has no role in fixing of marriage and they neither..........
Indian Penal Code, 1860, Section 306, 34 -- Abetment of suicide - Vague and general allegations regarding demand of dowry made against accused - No concrete or conclusive evidence against accused and his family members to prove their complicity in commission of crime - No complaint or application alleging maltreatment or misbehavior by accused was made by deceased -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 304B -- Dowry death - All neighbours said that the matrimonial life of the deceased at the house of the accused was happy and cheerful and they never noticed any untoward incident - When there is no evidence that death is homicidal or suicidal and when the evidence does not indicate the gravity of alleged cruelty leading to a death, one..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Sentence - Deceased died due to homicidal death not suicide - Death occurred within seven years of marriage - Accused was incarcerated for 15 years and that period would be enough punishment - He is now 80 years old and other accused is 70 years and looking to the age of accused period undergone by them would be..........
