Indian Penal Code, 1860, Section 498A -- Cruelty - Merely stating that appellant has mentally harassed complainant with respect to a demand for dowry does not fulfill the ingredients of S.498-A of IPC especially in absence of any cogent material or evidence on record to substantiate said allegations...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Mere general allegations of harassment without pointing out specific details would not be sufficient to continue criminal proceedings against any person...........
Indian Penal Code, 1860, Section 498A -- Cruelty - In cases involving allegations of cruelty and harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against perpetrators in specific terms to initiate criminal proceedings against them...........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Allegation against brother-in-law - Vague and omnibus allegations were made against appellant - No specific details or any particular instance of harassment is provided by complainant - She has also not mentioned the time, date, place, or manner in which..........
Indian Penal Code, 1860, Section 499, 500, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of complaint - Complaint against public servant to his higher authorities - Complaint not circulated amongst public, relatives or social circle of petitioner - No offence made out - Proceedings quashed...........
Indian Penal Code, 1860, Section 304B -- Dowry demand - Neither any PW alleges cruelty or harassment meted out by appellant in connection with dowry nor prosecution has proved the same - Statements given by PW1, PW2 & PW3 are bald statements which do not indicate any form of cruelty meted out to deceased by appellant - Presumption u/s 113-B of Evidence Act would not be..........
Indian Penal Code, 1860, Section 304B -- Dowry demand - S.304-B IPC is an offence of strict liability and mens rea to cause death need not be proved and only actus reus of subjecting deceased to cruelty or harassment by her husband or any relative in connection with any demand for dowry is sufficient to bring home guilt of accused...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Prosecution has failed to prove any sort of cruelty by appellants to meet any unlawful demand as given in S.498-A IPC - Even, evidence of PWs in the course of trial does not indicate any sort of cruelty as defined u/s 498-A IPC - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Postmortem report by itself cannot be made sole basis for discharge of accused...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Fact as to whether version given by eye witnesses is correct or not in the light of post mortem report and opinion with regard to cause of death can be adjudicated upon only during trial - No other relevant material has been produced on record to..........
