Indian Penal Code, 1860, Section 498A -- Cruelty to women - Minor omissions in evidence - Unless and until it is pointed out that omission or improvement goes to root of case, same cannot be treated as contradiction...........
Indian Penal Code, 1860, Section 498A -- Cruelty to women - Cruelty and demand of dowry not reported to police prior to death - Family members of married woman always make attempt to settle matter amicably to save marital life of their daughter or sister - Close relatives of deceased and some responsible member of society tried for reconciliation and deceased again went to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304B, 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of FIR - Vague and bald allegations against brother-in-law and mother-in-law - No specific allegations of their involvement for the offence alleged - Proceedings against them quashed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A, 34 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Custodial interrogation of petitioner sought only for recovery of Istridhan - Recovery to be made of Istridhan alone not a reason to deny anticipatory bail - Anticipatory bail granted...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Cause of death of a person does not come into question in a prosecution u/s 498-A IPC - Hence, S.32(1) of Evidence Act does not get attracted...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Statement of wife to PW while she was alive would not fall u/s 32(1) of Evidence Act, so as to become admissible, since cause of death does not come up for consideration in prosecution u/s 498-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No direct evidence to prove the alleged cruelty exercised by accused on deceased - PW2 to PW5 only deposed that deceased told them that accused used to ill-treat and tortured her - Their evidence is thus, hit by S.60 of Evidence Act being hearsay evidence - None of PWs said that alleged torture or ill treatment exercised..........
Indian Penal Code, 1860, Section 306, 498A -- Abetment of suicide - Cruelty - Deceased was harassed with a view to coerce her to meet unlawful demand of Rs.25,000 and such harassment was on account of failure by her to bring the said amount from her father who was financially incapable to meet such demand - Suicidal death by consuming pesticide stands affirmed by evidence..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Reduction of sentence - Accused undergone about 7 months of sentence - Accused directed to deposit Rs.3 lakhs for benefit of his wife and children and subject to such deposit sentence reduced to period already undergone by him...........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quantum of sentence - Accused is in jail since 13.3.2013 - Maximum awarded sentence to accused is 10 years - Accused has already undergone eight years and five months of awarded sentence - Sentence already undergone by accused is sufficient to meet ends of..........
