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..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Delay of more than 3 days in lodging FIR - Dowry death - No whisper in the statement of informant that he was illegally detained by accused persons in their house or he was compelled to sign blank papers or he was grief stricken..........
Indian Penal Code, 1860, Section 304B, 498A, 342, 201, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - Neither there is evidence of unnatural death of deceased nor there is any evidence of demand of additional dowry, nor there is any evidence of cruelty for demand of dowry "soon before her death" - PWs not supported the prosecution..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 304B -- Summoning of additional accused - Order taking cognizance u/ss 498-A, 304-B IPC - Co-accused acquitted from the alleged offences - It is duty of Court below to consider judgment of acquittal passed in respect of co-accused, before invoking power u/s 319 Cr.P.C. - Impugned order of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/ss 304-B, 498-A, 34 IPC - Territorial jurisdiction - Suicide was committed at place `A' - Police at place `A' closed the case after inquiry u/s 174 Cr.P.C., as none of family members of deceased raised any suspicion over death of deceased - There is no evidence of..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 154 -- Offence u/ss 304-B, 498-A, 34 IPC - Delay of 5 years in lodging FIR - Case under alleged offence closed after inquiry u/s 174 Cr.P.C. - FIR lodged after five years of closing of said case on the basis of letters received by brother of deceased - Neither at the time of death of..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within 7 years of her marriage - However, cause of death not ascertained, as post-mortem of deceased not performed - Statement of father of deceased, about death of deceased is based on hearsay and speculations, as he admittedly not seen the dead body of deceased - In absence of any evidence of death in..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Order taking cognizance - Quashing of order - Court while exercising jurisdiction u/s 482 Cr.P.C., cannot judge veracity, reliability and truthfulness of alleged dying declaration - At this stage only prima facie case is to be seen - Moreover, applicants have got a right..........
Evidence Act, 1872, Section 113B, Indian Penal Code, 1860, Section 304B -- Presumption - Dowry death - Presumption u/s 113-B of Evidence Act, will operate if prosecution is able to establish the circumstances as set out in S.304-B IPC...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Dying declaration - Dowry death of a pregnant woman - Death by burning within 9 months of marriage - Deceased suffered 80 to 85% of burn injuries - Dying declaration set up by defence has to be rejected as it is suspicious and cannot be acted upon - It is recorded by I.O without any medical..........
