Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Conviction - Held, a young lady, aged 23, had to commit suicide because of the continuous harassment and ill-treatment extended by her husband, on account of demand for a car of his choice and the gold..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Factum of unnatural death in matrimonial home within seven years of marriage is ipso facto not sufficient to bring home charge u/ss 304-B, 498-A IPC against accused, as the foremost ingredients of S.304-B IPC that soon before death of deceased she was subjected to cruelty in connection with demand of dowry is not..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Prosecution proved that deceased died other than normal circumstances within seven years of her marriage - However, rest of ingredients of S.304-B IPC have not been proved beyond reasonable doubt - Prosecution failed to prove that soon before death of deceased she was subjected to cruelty in connection with..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304A, 498A, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Cancellation of bail - Dowry death - Allegation against mother-in-law - Accused is a lady of 55 years of age - Husband and two co-accused were already granted bail - If trial Court was satisfied that accused was entitled to concession..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - Wife living separately since 2016 - Statement of wife do not support the fact as to what is the reason for living separately - Though allegation of demand of dowry has been made but that was negated after a trial by Magistrate - Consequently, defence which was projected as against..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Cruelty - Dowry demand - Matrimonial dispute between husband and wife should be quashed when parties have resolved their entire dispute amongst themselves through compromise - Even, conviction of accused..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Not attracted when incident of cruelty is remote in time and has become stale enough not to disturb mental equilibrium of woman concerned...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption u/s 113-B of Evidence act - Deceased died unnatural death within 7 years of her marriage - Prior to 4-5 months of incident a written application was given by deceased herself at Mahila Police station regarding cruelty and harassment for demand of dowry - PW4 stated in his..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Incident occurred in 1998 and appeal against conviction is pending since 1999 - In the interest of justice, sentence awarded to accused reduced to minimum sentence of 7 years as prescribed u/s 304-B IPC with fine and default stipulation as awarded by Court below...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife went to her parental home in pursuit of some custom but when husband went to take her back she refused on the ground that she was not happy with marriage - No evidence on record that wife was subjected to torture for demand of dowry as alleged by wife - Wife deserted husband..........
