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 - Suspension of a sentence - Held, while considering an application for suspension of sentence and to release the accused on bail it will notice the gravity of the offense, and its social impact - Similarly,..........
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..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Second marriage during subsistence of first marriage - Amounts to cruelty contemplated u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Second marriage during subsistence of first marriage - Wife lodged FIR that she learnt about performance of second marriage by husband from somebody else which is in the nature of hearsay evidence - Same has now turned prima facie into piece of evidence with recording of statement..........
Indian Penal Code, 1860, Section 498A, 494, 294, 376(2)(n), 294, 323, 504, 506 -- Cruelty - Solemnization of second marriage by husband - Allegations against husband and relatives of husband - Quashing of proceedings - Statements of witnesses shows that all the accused had prima facie actively encouraged husband to perform second marriage, they themselves had arranged..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings u/s 498-A IPC - Proceedings cannot be quashed merely on the ground that Family Court in a proceeding u/s 125 Cr.P.C. has held that informant is not the wife of accused when FIR and statement of witnesses disclose about marriage which need to be established during..........
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..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Appeal against conviction - Wife intending to join her husband/appellant and revive their matrimonial life - There are concurrent findings of three Courts below convicting husband - No order can be passed on that count - However, punishment of accused reduced to period already undergone by accused in incarceration...........
