Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 120B -- Quashing of summoning order - Offence u/ss 406, 120-B IPC - Court below while summoning accused did not look into entire material in terms of police report which is on record and also did not question and try to elicit as to whether articles were demanded - No statement with regard to..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 498A, 304B -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Cruelty - Accused is confined in jail since 2016 and father of accused is diagnosed with pancolitis - Sentence of accused suspended during pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Suspension of sentence during pendency of appeal against conviction - Dowry death - Deceased died within 7-8 months of her marriage - There is oral evidence of parents of deceased regarding cruelty and torture immediately preceding death -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is father-in-law of deceased and he is 67 years old - Allegations against petitioner are vague - Entire family is in jail - Petitioner is in custody since 2019 - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Reduction of sentence - Accused was 23 years of age when he was sentenced to maximum punishment of R.I for life - This definitely is a circumstance leaning towards accused and Additional Sessions Judge has failed to discuss mitigating circumstances which are appearing from prosecution's evidence - Sentence of accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Deceased wrote a letter to her brother-in-law PW5 regarding ill-treatment made to her by A-2 - However, prosecution prima facie failed to establish that said letter was actually written by deceased on fateful day and it is only deceased who had sent said letter to..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Indian Penal Code, 1860, Section 498A, 34 -- Cruelty - Date, year and time etc. of alleged dowry demand as well as manner of torture not mentioned - No supportive evidence as regards such payment of dowry except herself - Her father and other family members not examined in support of her statement that she was subjected to torture and about such payment - None of witnesses..........
Indian Penal Code, 1860, Section 498A, 506, 120B, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of proceedings - Father-in-law, brother-in-law and sister-in-law of complainant - No direct and specific allegations against petitioners that they had given beatings to complainant or demanded any dowry article or misappropriated stridhan - Complainant failed..........
