Indian Penal Code, 1860, Section 498A -- Cruelty - Suicide note - Prosecution has not been able to prove that there was any harassment of deceased on account of any demand for property or any valuable security - None of witnesses have deposed with regard to any demand - Allegation that accused used to beat deceased not established - Further allegation in suicide note that..........
Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss 498-A, 406 IPC - No specific allegation of any entrustment of any article having been made to any of accused - No convincing evidence from which an inference could be drawn that complainant was subjected to alleged harassment so as to pressurize and coerce her to meet unlawful demands of dowry of accused - Accused..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased committed suicide within one year of her marriage by hanging from end of her saree - Dowry was given to accused at the time of marriage, but they demanded further dowry and subjected deceased to torture - Whenever, deceased came to her parental home, she narrated such incidents of torture to..........
Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 4 -- Complaint u/ss 498-A, 406, 34 IPC and S.4 of 1961 Act - Jurisdiction of Court - Appellant living in Delhi - Place of occurrence as per FIR was Meerut - Court at the place where wife resides after leaving matrimonial home has jurisdiction to entertain a complaint u/s 498-A IPC - Case..........
Indian Penal Code, 1860, Section 498A, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Offence u/ss 498-A, 406, 34 IPC - Offences in question are not compoundable u/s 320 Cr.P.C - However, inherent jurisdiction u/s 482 Cr.P.C can be invoked to quash FIR and subsequent proceedings - Moreover, continuation of proceedings will not only..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Inflicting cruelty and torture upon deceased with regard to demand of dowry is proved on record by PW1 and PW2 - No major contradiction found in statements made by these PWs - Link between acts of accused and death of deceased is established from depositions of these PWs - Presumption thus, rests on..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - Deceased stated in her dying declaration that she was put on fire after pouring kerosene oil is corroborated by FSL report, MLC of deceased and Post mortem report - Further, dying declaration corroborated by statements of PWs - Merely because..........
Indian Penal Code, 1860, Section 304B, 498A, 302, 34 -- Dying declaration - Dowry Death - Cruelty - 85% burn injuries - Deceased last resided with accused persons in her matrimonial home - Deceased was admitted in hospital by her brother and not by accused, as they absconded from place of incident - Statements of PWs and dying declaration indicates that she was taunted,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Indian Penal Code, 1860, Section 498A -- Cruelty - There was dispute between deceased and accused prior to occurrence, as Rs.50,000 was demanded by accused from parents of deceased - Deceased was harassed for such dowry demand - Evidence of father of deceased proved said fact which was corroborated by evidence of PW13 - Charge u/s 498-A IPC held, proved against accused -..........
