Indian Penal Code, 1860, Section 304B -- Dowry death - Expression `soon before' - Include the period earlier to the two months when deceased remained with her parents as deceased was at her parent`s home for two months prior to her death...........
Indian Penal Code, 1860, Section 304B -- Dowry death - Husband `shall be deemed to have caused her death', if (i) death has occurred within 7 years of marriage; (ii) death has occurred other than under normal circumstances; (iii) soon before her death, woman was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Where all the ingredients u/s 304-B are fulfilled, then burden shifts on the accused to rebut presumption u/s 113-B of Evidence Act...........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113B -- Dowry death - Cruelty - Presumption - Appeal against acquittal u/s 304-B IPC - In the instant case, deceased was at her parent`s home for two months prior to death, this fact does not wipe out the effect of harassment for dowry suffered by the deceased - Even, sexual act was apparently not..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Quantum of sentence - Keeping in view long period of trial and re-trial and that accused has already undergone imprisonment of 7 years including remission u/s 498-A IPC, accused is sentenced to R.I. for 7 years, including remissions already earned and said sentence will be concurrent with sentence u/s 498-A IPC -..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered brutal homicidal death at matrimonial home within 10 days of being brought back on assurance that accused/husband would not subject her to further torture over demands of dowry - Accused was present with deceased at the time of occurrence and has failed to give any explanation as to..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased suffered homicidal death within 3 years of her marriage - She was subjected to persistent torture over demands of gold ornaments and was driven out of matrimonial home over such demands while she was pregnant - Injuries found on the body of deceased, which shows that she was subjected to brutal..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 304B -- Two dying declarations - Dowry death - Allegation against family members of accused - Nothing stated as to demand of dowry in first dying declaration and admitted that she consumed poison in fit of anger after hearing verbal conversation of accused and her mother-in-law - However, allegations of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of false complaint against husband by wife - Wife filed a criminal case against husband making allegation of demand of dowry and performance of second marriage - However, second marriage of husband not proved and criminal complaint alleging commission of cruelty and demand of dowry also..........
Indian Penal Code, 1860, Section 498A, 323 -- Cruelty - No tangible material either of a dowry demand or assault suffered by wife in any case, despite one episode in which an attempt was made to push wife in a canal that too not proved on record - Case of husband is not at all different from other co-accused who already acquitted - Conviction and sentence set aside -..........
