Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- "Soon before" assumes great significance and importance and has to be interpreted keeping in view the facts and circumstance of each case...........
Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Abetment of suicide - Reduction of sentence - Accused is 99 years of age now - He already suffered sentence of one year nine month - Sentence of accused reduced to period already undergone by him, considering his age and role played by him...........
Indian Penal Code, 1860, Section 304B, 498A, 306, 302, 34 -- Dowry death - Cruelty - Deceased died within 7 years of her marriage as a result of drowning - No marks of injury on the body of deceased were shown in inquest panchnama and post mortem report - Theory that deceased was done to death earlier and thereafter her body was thrown into well, rightly not accepted by..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death and cruelty - There is sufficient evidence on record to show that deceased was assaulted and tortured in different ways during her short stay in her matrimonial home by her husband and other close relations of her husband for the fulfillment of their illegal demand - Trial Court wrongly misread the evidence and..........
Indian Penal Code, 1860, Section 306, 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Plea of mental depression as cause of suicide of deceased is devoid of any logic as live-link is proved between such torture and suicide of deceased - Hence, presumption u/s 113-B of Evidence Act is available in favour of prosecution - Prosecution proved its case -..........
Criminal Procedure Code, 1973, Section 386, Indian Penal Code, 1860, Section 304B, 201, 120B, Dowry Prohibition Act, 1961, Section 4 -- De novo trial - Dowry death - Appeal against conviction - High Court while remitting matter to trial Court for fresh trial pointed out certain lapses on the part of I.O but failed to state as to how such alleged lapses resulted in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304B, 34 -- Summoning of additional accused - Dowry death - No concrete and specific evidence against petitioners of making any demand of dowry or torturing the deceased - Complicity of petitioners in the commission of offence not on record - Application dismissed...........
Criminal Procedure Code, 1973, Section 221(2), Indian Penal Code, 1860, Section 304B, 302 -- Charge - Charge u/s.304B and conviction u/s.302 - Offence u/s.302 IPC cannot be said to be minor offence vis-a-vis an offence u/s.304B - Alternative conviction of accused recorded by Trial Court u/s.302 IPC by invoking provisions of S.221(2) of Cr.P.C cannot be sustained...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - To constitute an offence u/s 304-B IPC, presumption u/s 113-B of Evidence Act, cannot be raised against an accused until independently offence u/s 498-A IPC is proved by leading evidence to specific allegation with regard to time and date of such demand and cruelty and furthermore establishing proximity..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Interpolations in MLC - Doctor who wrote "smell of kerosene absent" signed near the cutting/over writing to authenticate the said over writing - There is no reason to believe that said over writing was done under the influence or pressure as it is not the case of either party - Moreover, deceased..........
