Indian Penal Code, 1860, Section 498A -- Cruelty - Dowry death - Allegation against married Nanad (sister-i, law) of deceased - No specific allegations against appellant with regard to harassment or any demand of dowry - Only allegation qua appellant was that she had taunted the deceased as to why Maruti car was given in marriage of deceased instead of a Maruti Esteem car..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, Evidence Act, 1872, Section 113B -- Death in matrimonial home - It is not proved that marriage was performed within seven years and that deceased was subjected to cruelty and harassment by her husband and any other relative, in connection with demand of dowry,soon before her death -..........
Evidence Act, 1872, Section 32 -- Four dying declarations - Dowry death - Death by burning - Deceased stated in her first three dying declarations that incident occurred accidentally - However, deceased stated altogether different story in her fourth dying declaration that she was set on fire by her mother-i, law - Evidence on record shows that before recording of fourth..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death by burning - Deceased sustained 95% burn injuries - Allegation against mother-i, law - No specific allegation of commission of cruelty and harassment upon deceased by accused in connection with demand of dowry except allegation of demand of Rs.25,000 from accused side in treatment of deceased - Deceased was..........
Indian Penal Code, 1860, Section 498A, 304B, Dowry Prohibition Act, 1961, Section 4 -- Cruelty - Dowry demand - Death by hanging - Allegation that all accused joined together and demanded huge amounts from deceased in the form of dowry - Since deceased was not able to meet out their demand, she committed suicide - However, nothing stated in complaint with regard to demand..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `Soon before' is not synonymous with `immediate before' - There must be existence of proximate and live-link between fact of cruelty based on dowry demand and death concerned...........
Indian Penal Code, 1860, Section 304B -- Dowry death - `Soon before death' - Victim approached her parental home just five days before occurrence and narrated her maltreatment and harassment at the hands of accused for demand of dowry and thereafter she committed suicide by consuming poison - Such act of deceased squarely falls within the expression `soon before death' -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of 8 hours in lodging FIR - Dowry death is very sensitive matter involving close relatives and only after properly thinking over the matter, report is lodged with police - Thus, delay of 8 hours in lodging FIR is inconsequential and is not going to adversely affect the veracity of prosecution case...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Deceased died within seven years of her marriage by consuming poison - Specific allegations on record regarding demand of motorcycle and cash soon before occurrence - Mere fact that no complaint was moved or no Panchayat was held during the lifetime of deceased is no ground to discard prosecution version - All..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Accused claiming parity with co-accused on account of acquittal - Demand of dowry is not attributable to relatives of accused in the absence of specific attribution - Moreover, demand of motorcycle is definitely attributed to accused being beneficiary of said demand - Accused cannot claim any benefit on account of..........
