Indian Penal Code, 1860, Section 498A, 406, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC and S.4 Dowry Prohibition Act - Complainant herself stated in her statement that she implicated appellants herein out of anger and they had no role in the family dispute and they were not party in making any demand of..........
Indian Penal Code, 1860, Section 304B, 498A, 201 -- Dowry death - Cruelty - Entire allegations levelled by complainant are against husband - It was only husband who was insisting upon demand of dowry - No specific allegations were levelled against `Devar' and mother-in-law and there is no evidence to connect them with dowry death of deceased - Conviction of appellants..........
Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482, 320 -- Matrimonial dispute - Husband declared proclaimed offender (PO) - Compromise - Wife stated that compromise is out of her own free will, without any coercion or pressure - Plea of husband that order declaring him PO is in violation of provisions of law as he was admittedly in USA..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Deceased died unnatural death within 2 years of her marriage in her i, laws place - There is ample evidence that deceased was subjected to cruelty soon before her death in connection with demand of dowry - Statements of material witnesses corroborated prosecution version - Offence u/ss 304-B, 498-A IPC..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Reduction of sentence - Deceased left behind innocent dependent her daughter - Sentence requires modification - Sentence of accused reduced from life imprisonment u/s 304-B IPC to 10 years R.I with fine of Rs.10,000 and in default of payment of fine to further undergo imprisonment of 6 months - However,..........
Protection of Women From Domestic Violence Act, 2005, Section 27, 12, 17, 18, 19, 20, 22, 23, Indian Penal Code, 1860, Section 498A, 406, 34 -- Territorial jurisdiction - Complaint u/ss 27, 12, 17, 18 to 20, 22 & 23 of PWDV Act and FIR u/ss 498-A, 406, 34 IPC - Quashing of complaint and FIR - Complainant is the aggrieved person who is resident of Delhi, where..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be cruelty, mental as well as physical, so as to cause grave injury or danger to life, limb or health and there must be harassment with view to coerce her to meet any unlawful demand for any property or valuable security or on account of failure by her or any person related to..........
Indian Penal Code, 1860, Section 498A -- Cruelty - In order to attract S.498-A IPC, there must be evidence to prove that deceased was subjected to mental as well as physical cruelties by demanding dowry...........
Indian Penal Code, 1860, Section 498A -- Cruelty - To attract S.498-A IPC, it must be established that cruelty or harassment to wife was to force her to cause grave bodily injury to herself or to commit suicide or harassment was to compel her to fulfil illegal demand of dowry - Thus, every type of harassment or cruelty would not attract S.498-A IPC...........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 32 -- Cruelty - Dying declaration - Relatives, sister and brother deposed that she used to tell them regarding ill-treatment, physical and mental harassment on the part of accused - However, there is no evidence in the nature as revealed from dying declaration that she was incessantly ill-treated mentally,..........
