Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 98% burn injuries - Deceased in her last statement to doctor stated that she sustained burns while she was cooking food - It is also recorded by doctor that smell of kerosene was absent - More so, joint reading of statements of Doctor, in charge of PCR van recorded u/s 161 Cr.P.C.,..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died due to poisoning within one year of her marriage - She stayed eight to ten days in her i, laws house after her marriage - Neither any report nor any complaint was ever made prior to occurrence nor any panchayat meeting was ever convened in this regard - No evidence on record that deceased..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Factum of unnatural death in matrimonial home and that too within seven years of marriage, is ipso facto not sufficient to bring home the charge u/ss 304-B, 498-A IPC...........
Indian Penal Code, 1860, Section 304B -- Offence u/s 304-B IPC - Ingredients of the offence are : (i) death of the woman concerned is by any burns or bodily injury or by any cause other than in normal circumstances and (ii) is within seven years of her marriage and (iii) that soon before her death, she was subjected to cruelty or harassment by her husband or any relative..........
Indian Penal Code, 1860, Section 304B, 498A -- Cruelty or harassment of the lady by her husband or his relative for or in connection with any demand for any property or valuable security as a demand for dowry or in connection therewith is the common constituent of both the offences...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Presumption as to dowry death is attracted only upon proof of fact that deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegations against i, laws of deceased - Deceased died in her matrimonial home by hanging from fan - Cause of death not clear as to whether death is homicidal or suicide - Origin of external injuries on the body of deceased also not proved - Prosecution also failed to prove beyond reasonable doubt..........
Criminal Procedure Code, 1973, Section 211, Indian Penal Code, 1860, Section 498A, 304B, 302, 306, 406 -- Charge - Charge framed u/ss 498-A, 304-B and in alternate u/s 302, 306, 406 IPC - Mother and brother of deceased though in their statement u/s 174 Cr.P.C. immediately after death stated that they have no grievance against i, laws but complaint on the basis of which FIR..........
Indian Penal Code, 1860, Section 306, 498A, 304B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Abetment of suicide - Cruelty - Dowry demand - Compromise - Quashing of proceedings - Deceased committed suicide soon after giving birth to child - It cannot be assumed that deceased was being treated with inhuman cruelty preceding such child birth and at the same time she..........
Indian Penal Code, 1860, Section 304B, 302, 201, 34, Evidence Act, 1872, Section 3 -- Dowry death - Appreciation of evidence - One of the brother of deceased has clearly deposed that deceased died accidentally and that deceased has also informed him before her death that her husband and his family members had never demanded any dowry - Even , photographs reveal that at the..........