Indian Penal Code, 1860, Section 304B, 498A, 306 -- Dowry death - Cruelty - Deceased died within one year after marriage - Evidence of witnesses does not disclose that accused had made any demand of dowry at any point of time - Dead body of deceased was given to accused by police - Parents of deceased had not told police that accused is person who was responsible for death..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 498A, 420, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Offence u/ss 376, 498-A, 420, 323, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Single Judge dismissed application for quashing without appreciating even factual matrix of case - Single Judge ought..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accused that some of the witnesses of prosecution turned hostile - Not tenable - Even if, some witnesses turned hostile, it would not adversely affect the case of prosecution...........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - On perusal of evidence of PWs, it is proved that accused was addicted to consuming liquor and that he used to demand money from deceased and her parents quite often - Even, accused at times used to ill-treat and assault deceased - Acts and behavior of accused towards..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accidental death by defence - Admittedly, accused was the only person present at the time of incident in the house with deceased - Evidence of I.O., post mortem report, FSL report and evidence of doctor has proved that kerosene oil was found on the body of..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accused that sari of deceased accidentally caught fire when she was boiling water on the oven - Cannot be believed as in case had it been a case of catching of fire from the oven, then in such event, smell of kerosene oil from the body of deceased would not have..........
Indian Penal Code, 1860, Section 498A, 302 -- Murder of wife by husband - Cruelty - Death by burning - Plea of accidental death by accused - Cannot be believed as had it been a case of accident burn injuries sustained by deceased would have been more on lower part of her body rather on the upper part of body because according to defence deceased was near to oven when her..........
Criminal Procedure Code, 1973, Section 202, 204, Indian Penal Code, 1860, Section 498A, 294, 323 -- Summoning of accused - Cruelty - Dowry demand - It is discretion of Court whether to act upon report u/s 156(3) Cr.P.C, received from police and proceed to enquire into matter and recording of evidence u/s 202 Cr.P.C - If Magistrate is not satisfied with report, he can..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - There is presumption of dowry death u/ss 498-A and 304-B if : (a) Death takes place within seven years of marriage; (b) Death is unnatural; (c) The death is coupled with cruelty or harassment by the husband or any member of the husband's family in connection with a demand for dowry; (d) there has to be cruelty..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Asking wife to do household work - Cannot be construed to be any offence...........
