Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4, 6 -- Dowry death - Cruelty - Demand of dowry - Sewing machine given by parents of deceased as she knew tailoring is a gift which cannot be considered as a part of demand by husband for himself or for his family members - Acquittal upheld...........
Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Three sisters of husband - All married and living independently in different places - No clear allegations levelled against any of the sisters - No material relating to harassment - Proceedings against sisters quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty by husband - Allegation of demand of dowry, i.e demand of money, a motorcycle, a buffalo, some of which wife and her witnesses state they satisfied - However, father of wife failed to prove the source of money - More so, these allegations were made subject matter of an FIR u/ss 406, 498-A & 506 IPC, but same..........
Dowry Prohibition Act, 1961, Section 6 -- Dowry demand - Giving of dowry and traditional presents at or about the time of marriage - Does not in any way raise a presumption that such property was thereby entrusted and put under the dominion of parents-i, law of bride or other close relations so as to attract ingredients of S.6 of the Act...........
Dowry Prohibition Act, 1961, Section 6 -- Entrustment of dowry amount and articles - Complaint against parents and sisters of husband - No specific allegations against appellants that dowry articles were entrusted to them - Nor there is any evidence that dowry articles were used by appellants who were living separately - Uncontroverted allegations made in complaint do not..........
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 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..........
Dowry Prohibition Act, 1961, Section 2 -- Dowry demand - Merely because accused is already having a scooter and a tractor is no ground to negate the demand of motor cycle by accused...........
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' -..........