Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Reduction of sentence - Deceased committed suicide by hanging - There was no injury marks on the body of deceased - Sentence of life as awarded by trial Court is very harsh - Sentence reduced to period of 10 years u/s 304-B IPC and since sentence u/s 498-A IPC..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law - Presence of mother-in-law of deceased has not been proved - There is no reason to believe that mother-in-law was a party to incident as per oral testimony of PW1 to PW3 - No overt act of mother-in-law even in oral dying declaration - Investigation of investigating..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against husband - Accused has been in jail for more than 13 years - Act of accused was not such which cannot be substituted by giving a lessor sentence than life imprisonment - Period of 13 years which accused spent in jail is enough punishment - Accused punished for 12 years incarceration..........
Indian Penal Code, 1860, Section 498A, 323, 506, 406, 342, 313, 351, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Wife alleged various kinds of cruelties which had led her to various illnesses - She also alleged that there was a miscarriage which had resulted because of fact that husband had pushed her - Wife was being deprived of her financial..........
Indian Penal Code, 1860, Section 498A, 323, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Compromise - Quashing of proceedings - Matrimonial dispute between husband and wife should be quashed when parties resolve their entire dispute amongst themselves through compromise duly filed and verified by Court -..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - In some circumstances, evidence of deceased wife with respect to cruelty could be admissible in a trial for a charge u/s 498-A IPC, even if accused stands acquitted of charge relating to death of deceased - There are certain necessary pre-conditons that must be met before the evidence is..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was harassed is clear from evidence of her mother/PW3 - PW3 stated that deceased allegedly attempted suicide for first time by consuming poison as a result of harassment caused by accused - However, matter was settled between parties - However, even after settlement, accused had continued to ill-treat deceased -..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Prosecution examined two witnesses, but they not supported case of prosecution and were declared hostile - Solitary statement of PW4/brother of deceased is vague, lacks particulars and support from any other evidence and is not sufficient to prove ingredients necessary to constitute offence of..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within seven years of marriage - She completely absolved all the accused in her suicide note - None of witnesses from family of deceased raised any objection to genuinity or trustworthiness of said suicide note - No physical injury found on the body of deceased except ligature marks found to show..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 341, 323, 504, 506, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Compromise - Matrimonial offence - Settlement arrived at between parties - There is no societal interest involved in the case - Proceedings against petitioners quashed...........
