Indian Penal Code, 1860, Section 304B, 176, 201 -- Dowry death - Cause of death of deceased was not known as no postmortem was conducted - Deceased was pregnant when she expired and earlier she had a miscarriage - Prosecution miserably failed to prove unnatural death of deceased, consequently presumption against accused u/s 304-B IPC cannot be invoked - Case set up that..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Specific role assigned to respondent No.2 by eye witnesses indicating that he was present at the scene of occurrence armed with a stick - First informant categorically mentioned him as one who came along with others with a common intent, abusing and beating, causing death of his brother, apart..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Suicide note - When deceased herself did not refer to demand for any dowry in her death note, which is said to have been recovered from her house soon after the incident, merely because deceased died within 1-1/2 years of her marriage, will not automatically lead to conviction of accused u/s 306 IPC - Accused..........
Indian Penal Code, 1860, Section 326, 323 -- Hurt and Grievous Hurt - Nature of offence - Trial court convicted accused u/s 326 IPC - However, prosecution failed to adduce any evidence to prove that MO1 stone either qualifies expression `an instrument of cutting' or expression `any instrument which, used as weapon of offence, is likely to cause death' found in S.326 -..........
Indian Penal Code, 1860, Section 304B -- Dowry death - No medical evidence on record to prove with certainty that deceased died due to consumption of poison and failure of heart and lungs occasioned due to consumption of poison - It is not the case of prosecution that any demand for dowry or any valuable security or other property was made by accused in connection with..........
Indian Penal Code, 1860, Section 304B, 498A -- Offence u/Ss.304-B, 498-A IPC - Conviction - Appreciation of evidence - Bald allegation by de-facto complainant about demand of dowry and cruelty - Statement of de-facto complainant about giving jewelry not corroborated by any prosecution witnesses - Even, as per evidence on record, `soon before her death' deceased was at her..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Death by burning - 100% burn injury - Conviction - Appreciation of evidence - Prosecution failed to examine the attending doctor of deceased to prove her mental condition at time of giving the dying declaration - Further, nothing on record, including the dying declaration, suggested that accused instigated or..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder of husband by wife - Death by poisoning - Extra judicial confession - Prime evidence against accused that she made an extra judicial confession before PW7 - Production of accused by PW7 before DSP stands proved - Accused made a disclosure statement before DSP regarding incident and recovery..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of husband by wife - Death by poisoning - No eye witness to occurrence - Factum of recovery of dead body from pond at the instance of accused stands fully established - Dead body was duly identified by sister of deceased - Proximity of place of recovery of dead body from pond near house of accused is in tune with case of..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Testimony of PWs - Cause of death is burn injuries i.e unnatural death - Incident took place within four years of marriage - However, none of PWs proved that deceased was harassed for dowry - Mother and brothers of deceased stated that economic circumstances were the..........
