Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Deceased died within 4 months of marriage - Evidence on record shows that there had been demands of dowry - Cruelty and harassment soon before her death against deceased also proved - Ingredients of S.304-B established - Husband and father-i, law convicted - Conviction of brother and brother-i, law set aside..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Non-examination of independent witness itself is not fatal as parents of deceased are consistent in their stand and despite cross-examination, nothing could be elicited to discredit their testimony - Their testimony is quite credible regarding illegal demands of colour TV and a plot by appellants and..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Complaint by second wife - Second marriage not a valid marriage - When there is no valid marriage the lady can never be called wife - On the contrary, she could be called by various other names - In the absence of valid marriage, ingredients so required to make out a case for offence u/s 498-A IPC cannot be said to have..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof - As per victim's suicide note, she lamented that since her husband remains outside for most time, it was she, who had to hear everything, from her mother-i, law - There was no respect for her in matrimonial home - She also wrote that nothing should happen to husband, but others should not be spared - It was manifest..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Proof - Allegations against accused vague, unspecific and indefinite - No specific particulars were given regarding time, place and manner of any beating, cruelty or harassment of deceased for demand of dowry - Held, ingredients of offence u/s.498-A IPC lacking - Conviction for offence u/s.498-A IPC not proper - Appeal..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Indian Penal Code, 1860, Section 498A, 452, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of criminal proceeding - One singular act of demand of dowry - Held, it would neither constitute cruelty nor harassment - A single act of cruelty would also not be sufficient to cause mental agony to a person - It..........
Indian Penal Code, 1860, Section 498A, 406 -- Dowry demand - Cruelty - FIR against husband and his other relatives - Allegations against petitioner (Jeth) vague - Essential ingredients to constitute the offence and element of complicity of petitioner totally missing - For the fault of husband, the i, laws and other relations cannot in all cases, be held to be involved in..........
Indian Penal Code, 1860, Section 498A, 304B -- Dowry death - Necessary ingredients - Held, for application of S.304-B death of woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances - Such death occurs within seven years of her marriage - Soon before her death she was subjected to cruelty or harassment by her husband or any..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Not defined in the Code - However, explanation added to the provision spells out the ingredients of the 'cruelty', which can be classified as follows:- (i) any `willful' misconduct which is of such a nature as is likely to drive the woman to commit suicide; or (ii) any `willful' conduct which is likely to cause grave..........
Indian Penal Code, 1860, Section 498A -- Essential ingredients of the offence u/s 498-A IPC are : (i) That there was a married woman; (ii) that such woman was subjected to cruelty; (iii) that such cruelty consisted of any willful conduct of such nature as was likely to drive such woman - to commit suicide, or to cause grave injury or danger to her life, limb or health,..........
