Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Investigating Officer who conducted investigation was not examined - Neither any piece of evidence was collected from the place of occurrence nor dead body of deceased was recovered - Except interested witnesses most of witnesses not supported the prosecution case and they turned hostile - There is no eye..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Criminal Procedure Code, 1973, Section 319, 193, Indian Penal Code, 1860, Section 304B, 34, 201 -- Summoning of additional accused - Court of Session can summon a person as an accused u/s 193 Cr.P.C between two stages i.e taking cognizance by Court of Sessions and framing of charges and proceeding with trial being Court of original jurisdiction - In such an event, Court..........
Indian Penal Code, 1860, Section 304B -- Dropping of charge u/s 304-B IPC - Death of deceased took place after more than seven years of her marriage with accused - Trial Court rightly dropped the charge u/s 304-B IPC...........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Cruelty - Deceased died within seven years of marriage - Evidence of PWs do not support prosecution case that deceased was subjected to any cruelty by accused or that deceased was harassed by accused for color TV - Circumstances of case are not sufficient to connect accused with alleged offence - Prosecution..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Incident is of the year 2002 - Accused has differently abled son - Life imprisonment awarded to accused reduced to period already undergone by him which is 10 years and nine months approximately - However, accused will pay a fine of Rs.10,000 and in default whereof he will..........
Indian Penal Code, 1860, Section 304B, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Dying declaration of deceased is reliable, however, it would not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry on any particular date having triggered the deceased to commit suicide or forced her to self..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Except vague allegation there is nothing in the evidence of relative witnesses to support prosecution case - No evidence on record to prove beyond reasonable doubt that deceased was harassed on account of non-fulfillment of demand of dowry - Accused acquitted...........
