Indian Penal Code, 1860, Section 302, 306, 498A, 34 -- Murder - Accused no.1 allegedly gave beatings to deceased and thereafter accused no.2 administer poison to her - However, FSL report of deceased shows that deceased died of shock owing to torsion of left ovarian cyst leading to heaemorrhagic ascites - PW12 state that deceased make an oral dying declaration before him..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Suicide - General type of allegations - Accused cannot be held guilty simply on the ground that there must be something wrong, otherwise, there was no reason for deceased to commit suicide - A person cannot be convicted merely on the basis of inferences and presumptions...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Deceased committed suicide due to harassment on account of demand of dowry by her husband and mother-i, law - Husband of deceased died during pendency of appeal - Allegation against mother-i, law is that she used to give beatings to deceased and harassed her - However, no specific occasion of demand and beating..........
Indian Penal Code, 1860, Section 304B, 498A, 306, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Abetment of suicide - Deceased died within 7 years of marriage by hanging - Evidence of PWs clearly establishes that there was demand for dowry and deceased was being mentally harassed - Presumption u/s 113-B of Evidence Act arises since deceased died within seven..........
Indian Penal Code, 1860, Section 304B, 306 -- Nature of offence - Deceased died within 2-1/2 years of her marriage by burning - PWs proved that accused harassed deceased regularly - Even on the date of incident accused and deceased were present and on the same day deceased sustained burn injuries inside her room - All family members of accused were down stairs and accused..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 306, 304B, 498A -- Non-framing of charge - Accused convicted u/ss 304-B & 498-A IPC - Although no specific charge u/s 306 IPC was framed against accused but evidence on record proves that accused abetted suicide of deceased - Non-framing of charge u/s 306 IPC does not absolve accused from..........
Indian Penal Code, 1860, Section 498A, 306, 201 -- Cruelty - Abetment of suicide - Wife committed suicide because her husband developed extra marital affair - Accused not guilty of offence u/ss 498-A & 306 IPC as it cannot be held that mental cruelty was of such a degree that it would drive wife to commit suicide - Moreover, there is no allegation of physical torture by..........
Indian Penal Code, 1860, Section 201, 498A, 306 -- Accused found not guilty of offence u/ss 306 and 498-A IPC - Conviction u/s 201 IPC not sustainable...........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Appeal against acquittal - Discrepancies in oral evidence - Evidence on record will not permit Court to take a different view than taken by Trial Court - Moreover, nothing is produced or pointed out to rebut the conclusion of Trial Court - Even prosecution not able to bring home the charge..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 498A, 306 -- Two dying declarations - Abetment of suicide - While recording first dying declaration thumb impression of deceased was obtained, whereas while recording second dying declaration thumb impression of deceased could not be obtained as both hands of deceased were burnt - Moreso, while recording..........
